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HELP: I have a pending removal of condition for greencard marriage based

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  • HELP: I have a pending removal of condition for greencard marriage based

    Hi! I have filed my removal of conditions last January 2017 but until now i havent received my 10 years green card and i am now illegible for citizenship. Can i apply straight for naturalization even if my removal of conditions is still pending? Or i have to wait for its approval before i can apply for citizenship.
    Anybody has the same case? Appreciate your thoughts and experienced. Thanks!

  • #2
    I think some more details are needed, when were you married, when did you receive your conditional greencard, what is the status of removal of conditions? Is your spouse Greencard holder or Citizen? Are you still with your sponsor? why do you say you are ineligible for citizenship?

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    • #3
      Originally posted by Smiley0722 View Post
      Hi! I have filed my removal of conditions last January 2017 but until now i havent received my 10 years green card and i am now illegible for citizenship. Can i apply straight for naturalization even if my removal of conditions is still pending? Or i have to wait for its approval before i can apply for citizenship.
      Anybody has the same case? Appreciate your thoughts and experienced. Thanks!
      I think you meant to say "eligible". Yes, you can apply for naturalization when you meet the requirements (e.g. 3 years of continuous residence as a permanent resident, having been married to a US citizen for 3 years; you can file 90 days before you reach the 3 years of continuous residence), even if your Removal of Conditions is still pending. And in fact, applying for naturalization will often help speed up your Removal of Conditions application.

      This is my personal opinion and is not to be construed as legal advice.

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      • #4
        Originally posted by newacct View Post
        I think you meant to say "eligible". Yes, you can apply for naturalization when you meet the requirements (e.g. 3 years of continuous residence as a permanent resident, having been married to a US citizen for 3 years; you can file 90 days before you reach the 3 years of continuous residence), even if your Removal of Conditions is still pending. And in fact, applying for naturalization will often help speed up your Removal of Conditions application.
        Listen to Newacct
        This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

        -Krypton9591

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        • #5
          Originally posted by scorpioz View Post
          I think some more details are needed, when were you married, when did you receive your conditional greencard, what is the status of removal of conditions? Is your spouse Greencard holder or Citizen? Are you still with your sponsor? why do you say you are ineligible for citizenship?
          Hello! I meant i am eligible for citizenship because of continous marriage and stay with my US citizen husband. I got married 2013 and filed my residency 2015. Jan of 2017 i filed my removal of conditions which until now still pending, they are just giving me extension. i think up to this date i am now eligible for citizenship. I am not just sure if i can proceed with the processing while i still have a pending case for removal.

          Comment


          • #6
            Originally posted by Smiley0722 View Post
            Hello! I meant i am eligible for citizenship because of continous marriage and stay with my US citizen husband. I got married 2013 and filed my residency 2015. Jan of 2017 i filed my removal of conditions which until now still pending, they are just giving me extension. i think up to this date i am now eligible for citizenship. I am not just sure if i can proceed with the processing while i still have a pending case for removal.

            you can apply now.
            JAN 2018 , GREEN CARD RECEIVED

            AOS , 7 MONTHS TOTAL PROCESS TIME

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            • #7
              Yes, you can

              As long as you meet the requirements your pending removal of condition will not restrict you from applying.

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              • #8
                Originally posted by Smiley0722 View Post
                Hello! I meant i am eligible for citizenship because of continous marriage and stay with my US citizen husband. I got married 2013 and filed my residency 2015. Jan of 2017 i filed my removal of conditions which until now still pending, they are just giving me extension. i think up to this date i am now eligible for citizenship. I am not just sure if i can proceed with the processing while i still have a pending case for removal.
                Since your marriage to your USC husband is more than 3 years now, you can apply for naturalization 3 years from the date it shows on your Green Card (Resident Since), provided if you fulfill the residency requirement (18 months out of 36 in the USA and not have any break in the residency).

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