✅Not necessarily! This is something I regularly see in my 18 years of practicing immigration law: someone gets a conditional green card through marriage, files Form I-751 on time to remove the conditions, and then USCIS takes years to make a decision.
✔️And many people simply keep waiting.
❗️But if you already meet the requirements for naturalization, having a pending I-751, does not mean that you have to wait for it to be approved before filing your N-400.
✔️USCIS specifically states that if you file your N-400 while your I-751 is still pending, the I-751 must be decided either before or at the same time as the N-400. In practice, this can mean that both cases end up at the same field office, where USCIS first addresses the removal of the conditions on your green card and then moves on to your naturalization case.
⚠️But there’s an important nuance here. Filing an N-400 does not “fix” a weak I-751. In fact, during the naturalization process, USCIS may take another close look at your marriage, your life together, your taxes, addresses, travel history, and the overall history of your case. So the question isn’t just, “Can I file my N-400 now?” A better question is: “Should I file my N-400 now, given what’s in my I-751?”
✅If your I-751 has been pending for a long time and you’re already getting close to being eligible to apply for citizenship, it may make sense to review both parts of your case together rather than automatically waiting another year or two. I help clients with these types of case reviews before filing the N-400: I look at the old I-751, your marriage history, previous USCIS filings, and any potential problem areas before an officer does.
✔️If this sounds like your situation, during a consultation I can review your immigration history and explain your possible options for moving forward.
Irina Lust
Immigration attorney
18 years of experience
To schedule a consultation:
✉️ info@myimmigrationlawyerusa.com
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