Boca Raton, FL asked in Immigration Law for Florida

Q: 22 mths and 10 days of waiting for i751 waiver (abuse) to be resolved. Can I file for naturalization? Or wait in limbo?

I haven't heard any about case since July 2019...I have since relocated and changed my address and was told my case is at my current local office. It is Frustrating...Feb 2018 Filer.

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3 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: How strong is the evidence presented for your self petition? Did you submit enough evidence to support all of the elements of a claim? There may be complications about to emerge. The delay may be the result of a pending investigation.

It also depends upon whether you qualify for naturalization. There is the requirement of 5 years of continuous physical presence, but there are other grounds to deny citizenship by naturalization.

At this point, you may want to consider how much you value the removal of the condition on your permanent resident status. Also, what else can be done to delve into why there is such a long delay.

As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

Ileana M Rivera
Ileana M Rivera
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: The processing times of I-751 depend on where you live. Some centers take up to 25 months to adjudicate and that is just an average time frame. If you moved that will add more time to the adjudication process since USCIS has to move the file internally accordingly. Therefore, you may still be within the normal processing time according to USCIS.

The Naturalization process is dependent upon the approval of your removal of conditions. If you would like to submit your application, you may but you will probably sit in a queue until the I-751 is adjudicated. If you get a denial of your I-751, then the naturalization will also be denied. It is a risk you take. Wish you the best in the new year 2020.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: Consider scheduling a consultation with a competent immigration attorney as other colleagues have suggested already to you. Regarding filing of an application for naturalization (N-400), so long as one meets eligibility requirements for naturalization, one my file a Form N-400 while his or her petition to remove conditions (Form I-751) is still pending. In my experience, sometimes the filing of the N-400, which generally has faster processing times than processing times for Form I-751, can push the I-751 along. What this means, in effect, is that you may be scheduled for your N-400 interview first, and because an N-400 cannot be adjudicated until your I-751 is adjudicated, the officer at your N-400 interview may adjudicate both cases at the same time. This is contemplated in the USCIS Policy Manual. Again, however, you may wish to consult with a competent immigration attorney first to flush out any possible issues that exist, either with your pending I-751 or your prospective N-400. Good luck.

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