Welcome to The Immigration Answers Show!
Still waiting? On this weeks episode we explore whether or not you should apply for citizenship with a pending Green Card application.
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Transcript
[0:00] This is the immigration answers show with Jim hacking episode number 24.
[0:05] Welcome to the immigration answer show with your host immigration lawyer Jim hacking.
In each episode Jim will answer your questions about the u.s. immigration system. Discover why the New York Times, The Wall Street Journal, national public radio, and buzzfeed.com have all featured Jim and get the help you need navigating our complex immigration laws. Now onto the show.
[0:32] Welcome to the immigration answers show where we answer your immigration questions 3 days a week you’ve got questions and we’ll do our best to answer them every Monday Wednesday and Friday now on to today’s question about the u.s. immigration system.
[0:44] Can I apply for citizenship while my i-751 petition to remove conditions on a green card while it is still pending.
Our question today comes from one of our viewers name Ty and Ty wants to know can he go ahead and apply for citizenship even if USCIS has not yet decided whether to give him a 10-year green card. So what are we talking about here well of course If anyone gets a green card based on marriage and that marriage is less than 2 years old at the time that the green card is approved they’re only giving a 2-year conditional green card and at the end of those two years in that three month. Before the 2-year anniversary of the green card.
They and their spouse have to file an i-751 which is a petition to remove conditions on that green card, that is to give them a 10-year permanent permanent green card.
And we say that that’s filed with the spouse and usually it is but sometimes the non-citizen does file without the US citizen but in this case we’re talking about a situation where the marriage is still valid, the couple is still together, and they have filed a joint I 751.
USCIS at the current time is taking way way way too long to decide these cases they used to take six or seven or eight months now they’re running a year-and-a-half easy.
So that means that by the time that they’re finally getting their green cards they were already eligible to apply for citizenship and it sounds like our friend Ty is in that situation so he and his spouse have filed an I 751 to remove the conditions on his green card.
That case has been pending and pending for way too long.
He’s now at the 3-year kark and at the three year mark if you’re still married to the u.s. citizen you can apply for citizenship and Ty is wondering whether that makes sense to do or not.
[2:22] It’s funny we just had a consult last week with someone who had gone ahead and done that.
We don’t usually recommend that people do that but I certainly understand why people are doing it and you want to get your place in line.
And there’s no rule that says you can’t so the rules specifically allow you to file for citizenship even if you’ve not yet received your conditional Green Card lifting through the i-751 so another words.
You don’t have to wait for the i-751 to be approved.
To apply for citizenship no just because you don’t have to the question Still Remains should you and so I think in this situation it comes down to whether or not you’re willing to take the gamble on your I 751 being denied.
The fact is most i-751 Czar granted especially if the marriage is legitimate in the couple’s done a good job of putting everything together so there’s certainly no reason why you can’t do it.
And the only reason you wouldn’t want to do it as if you’re worried that the i-751 is going to get denied.
The filing of the citizenship case does start that clock ticking and so I think there’s a real argument to go ahead and do it if someone came to me and asked me specifically should I do it.
I used to say no but now the given the fact that I 751 they’re taking so long.
I think I’d take the mindset of going ahead and doing it so if you’re willing to take that small risk that your I-71 going to get tonight or that your N400 naturalization application.
Is going to be pending for a long long time.
Then you should go ahead and file for naturalization there’s no rule that says you can’t you probably want to get things moving especially with the way things are so delayed immigration right now we think it’s probably the right call.
[3:58] Kyrie hope this helps answer your question if you have questions and you want to reach out to us you can go to our emigration answer show.com podcast that’s where the recording is to record your own questions if you like this video.
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[4:34] We hope you found this immigration answer interesting and helpful we look forward to answering more of your questions in the future please be sure to give us a review on iTunes or wherever you download your podcast and please share the show with people you think might find it helpful,
if you have an immigration question that you’d like answered on the show head on over to immigration answer show.com backslash fq.
That’s www. Immigration answer show.com fq and we’ll try to answer it on an upcoming episode.
[5:06] Thanks for listening to the immigration answer show with Jim hacking be sure to visit us on the web at immigration answers show.com if you have an immigration related question please send us an email.
Questions at immigration answers show.com we look forward to serving you on our next episode and remember the answers provided on the show are of a general nature,
the show does not constitute legal advice and no attorney-client relationship is formed,
if you have specific questions about your situation be sure to consult with an experienced immigration lawyer.