Asked in Immigration Law for California

Q: Can expedited N-400 application be filed online wi/ only a 551 MRIV with temporary stamp pending green card in the mail?

Can expedited N-400 application be filed online under INA 319(b) with only a 551 MRIV (Machine Readable Immigration Visa) with temporary stamp pending green card in the mail? The reason being is that the process for approval can take up to a year and I would like to see if its possible with the temporary visa in hand to get the process started.

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James L. Arrasmith
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Answered

A: Filing an expedited N-400 application online under INA 319(b) with only a 551 MRIV and a temporary stamp can be challenging. Typically, expedited processing is reserved for situations involving urgent humanitarian reasons or significant public interest, and having a temporary visa might not meet these criteria on its own.

You need to ensure that you meet all the standard eligibility requirements for the N-400, including having lawful permanent resident status for the necessary period. While you can start the application process online, requesting expedited processing would require you to provide compelling evidence that your situation warrants faster handling.

It's advisable to consult with an immigration attorney to explore your specific circumstances and determine the best course of action. They can help you assess whether your current status and reasons align with the criteria for expedited processing and guide you through the application effectively.

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