Can You File for Naturalization While Your I-751 Is Pending? What the Law Says
Many lawful permanent residents who obtained their green cards through marriage eventually seek to become U.S. citizens through naturalization. But if your green card was conditional and your Form I-751 (Petition to Remove Conditions on Residence) is still pending, you may wonder whether you can still file for naturalization.
The answer is: under certain conditions, yes—but timing and documentation are everything. Here, our New York immigration attorneys at Sharma Law Associates explain.
Understanding the Relationship Between I-751 and Naturalization
Conditional permanent residents—those who received a two-year green card through marriage to a U.S. citizen—must file Form I-751 to remove the conditions before their card expires. Once approved, they receive a 10-year green card. However, due to the long processing times at U.S. Citizenship and Immigration Services (USCIS), many I-751 petitions remain pending for months or even years.
What many people don’t realize is that the law allows certain applicants to pursue naturalization under Form N-400, even if their I-751 petition is still pending approval. But eligibility depends on satisfying the naturalization requirements independently and ensuring USCIS has sufficient evidence to approve both petitions together.
Filing Form N-400 With a Pending I-751
USCIS does allow naturalization applicants to file Form N-400 while their I-751 petition is still pending, provided they meet the standard requirements for citizenship.
That includes:
· At least three years of permanent residence if applying through marriage to a U.S. citizen.
· Continued marital union with the same spouse during those three years.
· Physical presence in the U.S. for at least 18 months of those three years.
· Good moral character and other standard eligibility criteria.
If these requirements are met, USCIS may consolidate the adjudication of the I-751 and N-400, processing both applications simultaneously, often during the same interview. However, it is critical that your I-751 is properly filed and supported by strong documentation of your bona fide marriage.
Risks of Filing While the I-751 Is Pending
While the law allows it, filing for naturalization with a pending I-751 petition comes with risks. If USCIS determines during your naturalization interview that your I-751 lacks sufficient evidence or if there are questions about the legitimacy of your marriage, your N-400 may be denied. Your green card status could also be jeopardized.
To avoid complications, it’s essential to:
· Provide thorough documentation with your I-751 petition, such as joint financial records, shared leases, photos, travel history, and affidavits.
· Maintain a consistent and credible timeline between the I-751 and N-400.
· Be fully prepared for a joint interview where both the validity of your marriage and your eligibility for naturalization are evaluated.
Legal Strategy Matters
Filing Form N-400 with a pending I-751 isn’t a decision to make lightly. You need a legal strategy that considers the strength of your marriage evidence, your timeline, and any potential red flags that may arise. At Sharma Law Associates, LLC, our New York immigration attorneys help clients evaluate whether now is the right time to file and prepare both forms in a way that minimizes risk and maximizes their chances of approval.
Speak With a Naturalization Attorney in New York Today
If you’re considering naturalization while your I-751 is still pending, don’t go it alone. At Sharma Law Associates, LLC, we’ve helped clients across New York navigate complex timelines and avoid costly mistakes.
Call us at 646-921-6630, online, or schedule a personalized consultation on our calendar to speak with a New York immigration lawyer who can help you move forward with confidence.
