Conditional Residents Are Still Eligible for Naturalization Even Though their I-751 Petition is Pending

A spouse of a US citizen regularly gets conditional residency for a 2-year period based on the fact that the Conditional Resident green card was issued while the couple was only married for a period of less than two years.

Ninety days before the expiration of the two year Green Card, the Conditional Resident spouse must apply to remove the conditions on their Green Card. When the I-751 case is filed, USCIS will send the Conditional Resident spouse an automatic two year extension of the Green Card so that the applicant may continue to work or travel internationally while their I-751 is pending.

Since it often takes approximately two years for the I-751 to be adjudicated, many people ask if they can apply for Naturalization upon the three year anniversary of their Green Card if they are still married to their US Citizen spouse. Well, it’s really quite simple. Since a Permanent Resident (Conditional Resident is a Permanent Resident with all the rights of a Permanent Resident) is permitted to apply for Naturalization upon the three year anniversary of their Green Card (90 days before) then even a Conditional Resident is eligible to apply for Naturalization even thought their I-751 is pending. What happens is that at the Naturalization interview, if the I-751 is still pending, the Immigration Officer will adjudicate the I-751 right there before they proceed with the Naturalization interview.

Of course, to be eligible for the three year citizenship, the couple needs to not only be married but also must be living with each other during the entire three year period. The conditional resident of course must also satisfy the Naturalization requirements such as continuous residence etc., as per the USCIS requirements:

The spouse must establish that he or she meets the following criteria in order to qualify: 

• Age 18 or older at the time of filing.

• LPR at the time of filing the naturalization application.

• Continue to be the spouse of the U.S. citizen up until the time the applicant takes the Oath of Allegiance.

• Living in marital union with the citizen spouse for at least 3 years preceding the time of filing the naturalization application (the citizen spouse must have been a U.S. citizen for those 3 years).

• Continuous residence in the United States as an LPR for at least 3 years immediately preceding the date of filing the application and up to the time of naturalization.

• Physically present in the United States for at least 18 months (548 days) out of the 3 years immediately preceding the date of filing the application.

• Living within the state or USCIS district with jurisdiction over the applicant’s place of residence for at least 3 months prior to the date of filing.

• Demonstrate an understanding of the English language, including an ability to read, write, and speak words in ordinary usage. 

• Demonstrate a knowledge and understanding of the fundamentals of the history and principles and form of government of the United States (civics).

• Demonstrate good moral character for at least 3 years prior to filing the application until the time of naturalization.Attachment to the principles of the U.S. Constitution and well-disposed to the good order and happiness of the United States during all relevant periods under the law.

In many cases, therefore, filing of the Naturalization actually ends up speeding up the I-751 adjudication since Naturalization interviews are being scheduled faster than before. Since we do so many of these cases, we make sure that the interview successfully takes care of both issues at the same time. For example, we contact the USCIS office as soon as the interview has been scheduled and ask them to make sure that the I-751 Removal of Conditions file is also transferred to the local field office where the interview will occur.

Due to the long and frustrating delays in I-751 adjudications, it’s best to file for Naturalization as soon as one is eligible to prevent any loss of time in becoming a citizen of the United States.

To get in touch, you can call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation.