The answer to whether you can apply for U.S. citizenship while another immigration case is pending depends on what type of case it is. Some pending matters bar you from filing for naturalization, while others stop USCIS from even reviewing your application.
Applying for U.S. Citizenship with a Pending Immigration Case
Understanding where you stand can save months of wasted time, money, and effort. Here’s what you need to know.
Pending I-751 Petitions
Many who start with conditional status are green card holders who received permanent residence through marriage. This path means filing Form I-751 before the two-year expiration date to remove conditions. You can usually file Form N-400 when you’re eligible to naturalize, even if the I-175 is pending.
The federal government treats conditional residents the same as lawful permanent residents for naturalization proceedings. In other words, time spent in the United States as a conditional resident can count toward the residency requirement. However, USCIS must resolve your I-751 before it can approve your citizenship application.
Filing early doesn’t skip this step or shorten the list of requirements. For answers to complex legal questions about pending immigration cases, contact Lamb & Turner.
Removal Proceedings
Removal proceedings can drastically change the outlook of an immigration case, and often, the rules for U.S. citizenship applications are much stricter. For example, INA 318 states that USCIS can’t approve naturalization while you’re involved in a removal. You must close that case before taking additional steps, even if your application is otherwise solid.
Officers reviewing your N-400 have no authority to consider your merits while a removal case is open. So, naturalization applications will be automatically denied based on the proceeding itself, not necessarily any wrongdoing on your part.
Other Immigration Case Delays
What happens if USCIS sits on your application for U.S. citizenship? The agency has 120 days to issue a decision on your case after you’ve had your naturalization interview. And if no decision comes in time, you have the right to request a U.S. district court’s intervention.
District courts handling delayed immigration applications can either decide your case or send it back to USCIS with instructions to issue an immediate decision. These and other delays are common, and each step you take can either push your case forward or hold it back. Schedule a consultation with Lamb & Turner now to learn more.
Before Applying for U.S. Citizenship
Here are five things to do before you file a U.S. citizenship application while another immigration case is pending:
- Review your full immigration history, not just your green card status. This can help you predict which details could cause delays and determine what questions to ask an immigration lawyer.
- Confirm any former removal proceedings have been formally terminated rather than informally closed. Your lawyer can explain the difference.
- Check all statuses of pending petitions tied to your green card. This information can help you and your legal team decide what to file and when.
- Gather all necessary information and documents. You need this to show your case timeline and build a solid record, rather than relying solely on memory.
- Speak to an immigration attorney at Lamb & Turner to confirm case details, build a customized strategy, and review any matters that might work against you.
What an Immigration Attorney Can Do
Lamb & Turner immigration attorneys can help determine whether pending cases affect your current situation. We can also map out what needs to happen first, check the status of matters in progress, and confirm your next steps.
Your case is different from every other case we see. Although some matters are standardized, our team works best when you share the full story. A short consultation can tell us whether filing now or waiting works best. Reach out now to schedule yours.
Protect Your Path to Citizenship
The naturalization process shouldn’t feel like a guessing game, even with a pending case. But missteps can turn a denial into something that follows you into future applications. Waiting longer than necessary can also delay citizenship, even if you’re otherwise qualified. So, protect your path to citizenship with an experienced immigration lawyer.
Remain in contact with your legal team before, during, and after completing application requirements, including your biometrics appointment, background check, and naturalization interview. You’ll receive a notice for your oath of allegiance ceremony if USCIS approves your application. Lamb & Turner can help answer any questions that arise in the meantime.
Book a Consultation Now
An experienced legal team monitoring your case matters because USCIS requires strict adherence to evidentiary standards, records, and requests. But knowing where to begin while your case is pending is just as essential. Book a consultation with Lamb & Turner now.
