In a previous article (Can I File Form N-400 While My I-751 Petition Remains Pending?) we discussed that Immigration and Nationality Act (INA) Section 319(a) provides that the spouse of a U.S. citizen may file for naturalization after residing for three years in the U.S. after becoming a lawful permanent resident if the citizen spouse meets certain requirements. Lawful permanent residents who are eligible to naturalize under this provision of law may file Form N-400 (Application for Naturalization) up to 90 calendar days before they complete their 3-year permanent residence requirement. We further advised that the fact that the I-751 petition remains pending is not a bar to eligibility.
INA section 319(a) provides that a permanent resident spouse of a U.S. citizen must meet the following requirements to be eligible to file for naturalization:
- Is the spouse of a United States citizen;
- Has continuously lived in the United States for at least three years;
- Has immediately preceding the filing of the application for naturalization been living in marital union with the U.S. citizen spouse;
- Has been physically present in the United States for a period totaling at least half of the time; and
- Has lived in the state or the USCIS district with jurisdiction over the applicant’s place of residence for at least three months prior to the date of filing the
After considering these requirements, if you determine that you are eligible to file for naturalization while your I-751 petition remains pending, you must follow certain procedures to ensure that your I-751 petition case file is properly transferred to the local USCIS office to be adjudicated and approved by an officer prior to the adjudication of your N-400 application by the same officer. You must also provide supporting documents to show that you and your U.S. Citizen spouse continue to live together (The bona fide supporting documents should cover at least three years preceding the filing of the N-400, in addition to covering the period in between the filing of the I-751 and the N-400).
Although it is permitted to have both an I-751 petition and an N-400 application pending concurrently, it is pertinent that you follow the provided procedures to avoid creating operational and adjudicational issues at USCIS that could delay both filings.
If you have any questions about filing your naturalization application while your I-751 remains pending, or any other immigration matter, contact our attorneys at the Law Offices of Azita M. Mojarad, P.C. Our experienced immigration attorneys can address your concerns and advise you of the proper course of action to take.