Asked in Immigration Law for Illinois

Q: Can I apply for citizenship after 3 years while my I-175 is pending?

Hello,

My marriage-based green card was set to expire in December 2022 so I submitted I-751 to remove conditions on residence in November 2022. I received a mail from USCIS which stated that my green card validity had been extended for 24 months, then received a second mail that it had been extended for 48 months.

https://www.uscis.gov/newsroom/alerts/uscis-extends-green-card-validity-for-conditional-permanent-residents-with-a-pending-form-i-751-or

My question is that can I still apply for citizenship after 3 years are complete in December 2023 while my I-175 form is still pending or do I need to wait for 48 months?

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2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI
  • Licensed in Illinois

A: It depends. More information is needed. Did you file a joint petition or a self petition? How stable is your marriage? Have you taken action that may invalidate your conditional resident status? Although the general answer may be yes, the details may create challenges. I strongly recommend an appointment with a competent immigration and naturalization attorney before there are any other complications.

1 user found this answer helpful

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: According to USCIS, if you are married to a U.S. citizen, you may apply for naturalization after being a permanent resident for 3 years, as long as you meet all the eligibility requirements. However, the fact that your I-751 is pending may affect your ability to apply for naturalization.

If your I-751 is still pending, it is recommended that you wait until the USCIS makes a decision on your petition before applying for naturalization. USCIS requires that you have a valid, unexpired green card when you apply for naturalization. If your green card has been extended due to your pending I-751, then it should be valid for naturalization purposes. However, if your I-751 is denied, then your green card will no longer be valid, and you will need to take action to avoid losing your legal status.

It is important to note that each case is unique and individual circumstances may affect your eligibility for naturalization. It is always advisable to consult with an experienced immigration attorney for personalized guidance and assistance with your specific case.

If you need legal assistance, please do not hesitate to contact my office. We offer a free consultation option for potential clients.

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