i 751 processing time I 751 Processing times

[Eva1025 0]

I am in CA and sent all the 751 paper ,at 07/29/2016 ，but untill today I still not got my 10year card,It’s out of the time,when I sent email and call them both said it’s pending ,I want know there have another one like me ,out of time not get ?

[Lemon23 400]

Your application is already out of processing timeline based on USCIS processing timeline.

 

You can send an inquiry to them. Below is the link:

 

https://egov.uscis.gov/e-Request/Intro.do

 

 

[Lemon23 400]

8 minutes ago, Eva1025 said:

I am in CA and sent all the 751 paper ,at 07/29/2016 ，but untill today I still not got my 10year card,It’s out of the time,when I sent email and call them both said it’s pending ,I want know there have another one like me ,out of time not get ?

You can also request for a case assistance from your ombudsman. Below is the link:

 

https://www.dhs.gov/case-assistance

 

Edited January 9, 2018 by Lemon23

[Eva1025 0]

34 minutes ago, Lemon23 said:

Your application is already out of processing timeline based on USCIS processing timeline.

 

You can send an inquiry to them. Below is the link:

 

https://egov.uscis.gov/e-Request/Intro.do

 

 

Thanks so much，I already do both but they just said pending and let me wait,and I really don’t know what’s wrong With my case

[mindthegap 2,521]

File your N-400 for citizenship.

[Eva1025 0]

I want do ,but my lawyer said need get 10years green card first then they will do you citizen case

[mindthegap 2,521]

58 minutes ago, Eva1025 said:

I want do ,but my lawyer said need get 10years green card first then they will do you citizen case

They are saying you have to have had your conditions removed before filing, or that they are refusing to do so when you ask them to?

 

If the former, they are incorrect - if you are N-400 eligible (residence requirements met, and still living in marital union with petitioning spouse 3yrs after gaining permanent residence), then you are eligible even with a still-pending I-751.

 

If the latter, then get a better lawyer who acts on your instructions, or better still, file it yourself.

 

 

 

Edited January 9, 2018 by mindthegap

[mindthegap 2,521]

7 minutes ago, ZonaZoo said:

Hi @mindthegap

 

Can you link to where it states this on the USCIS website? I had an experience in my local USCIS office today where the officer scolded me for applying for citizenship with a pending I-751. He said it will delay my case greatly and could lead to me being denied. I will need to build up my defense.  Here is a link to my experience from another thread if anyone is interested or can offer insight. Thank you.

You clearly encountered a moron, fluent in the language of BS.

Don't worry, USCIS has many of these.

 

It is buried in the law, and in my ever growing collection of links which I don't have with me. @charmander might have one to hand?

However, a quick 5 second google:

https://www.uscis.gov/sites/default/files/USCIS/Laws and Regulations/Memoranda/cond_perm_resident_.pdf

 

[Cincyman 127]

12 minutes ago, ZonaZoo said:

Hi @mindthegap

 

Can you link to where it states this on the USCIS website? I had an experience in my local USCIS office today where the officer scolded me for applying for citizenship with a pending I-751. He said it will delay my case greatly and could lead to me being denied. I will need to build up my defense.  Here is a link to my experience from another thread if anyone is interested or can offer insight. Thank you.

It's weird! 
See B,2 in the following link: 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html

 

 

[mindthegap 2,521]

2 minutes ago, ZonaZoo said:

Thank you. I'm considering lawyering up and I will need as much info as possible to build my defense. It shocked me today when the officer told me I could be denied. I was only following the rules stated on their website. I am familiar with charmander's case - he was actually the reason I decided to file my N-400 with a pending I-751 since it worked out so well for him. It's a pity there is so much variance between one USCIS officer and another. Ask two of them a question and you will get two different answers.

 

Right now my case is gathering dust at the National Benefits Center. It might not get touched until 2019 at this rate...

I hear ya... look at my timeline man! 

I am filing mine next month which will force through my recently filed second I-751 after the first was denied.

 

You won't receive a denial for filing your N-400 with a pending I-751. The guy was talking out of his hoop - don't worry about it. 

 

 

I am beginning to suspect that USCIS is part staffed by rejected mcdonalds and DMV applicants, the standard is so low.

Edited January 10, 2018 by mindthegap

[WeGuyGal 1,052]

1 hour ago, ZonaZoo said:

Hi @mindthegap

 

Can you link to where it states this on the USCIS website? I had an experience in my local USCIS office today where the officer scolded me for applying for citizenship with a pending I-751. He said it will delay my case greatly and could lead to me being denied. I will need to build up my defense.  Here is a link to my experience from another thread if anyone is interested or can offer insight. Thank you.

On what grounds? 

 

As long as a bona fide relationship and marriage are documented, what could lead to an i751 denial? Elevated scrutiny these days, yes, but denial? Puhlease! And the law says those 3 yrs (-90 days) as LPR is eligible to file n400. That's not arbitrary, that's the law/regulation! 

[Name O Boy 511]

4 hours ago, mindthegap said:

I hear ya... look at my timeline man! 

I am filing mine next month which will force through my recently filed second I-751 after the first was denied.

 

You won't receive a denial for filing your N-400 with a pending I-751. The guy was talking out of his hoop - don't worry about it. 

 

 

I am beginning to suspect that USCIS is part staffed by rejected mcdonalds and DMV applicants, the standard is so low.

Yeah right. Why the heck would an officer issue such an irresponsible statement. It is bizarre to see such people work for USCIS. 

 

Edited January 11, 2018 by Name O Boy

[Cincyman 127]

56 minutes ago, Name O Boy said:

Yeah right. Why the heck would an officer issue such an irresponsible statement. It is bizarre to see such people work for USCIS. 

 

Yes I agree with you, but regardless what the officer did, his/her I-751 was applied in June 2016, and it is still pending!

[nightingalejules 678]

Just to clarify one of the documents linked in this thread: 

 

An application for naturalization may not be approved if there is a pending petition for removal of conditions. If an applicant’s petition to remove conditions is pending at the time of filing or is filed prior to the interview, USCIS will adjudicate the petition to remove conditions prior to or concurrently with the adjudication of the naturalization application.

 

This actually helps to explain everything:

1. The N-400 may not be approved if there is a pending ROC. This doesn't mean that either petition will be denied as a result. What it means is that the ROC has to be approved before the N-400 (but that could mean 5 minutes before). In this case, "may not be approved" doesn't mean "may be denied" but rather "is not allowed to be approved" until the ROC is approved - but again, it doesn't say "may not be filed."
2. If an applicant's [ROC] is pending at the time of filing... USCIS will adjudicate the [ROC] ... etc. This, by its very wording, allows that you can file N-400 while your ROC is pending, since if N400 weren't allowed to be filed before approval of ROC there is no way that this situation could have occurred.
3. Also, this explains how sometimes filing N400 has no effect on timing of ROC, sometimes speeds it up, and sometimes slows it down.
   1. It would have no effect on the wait time for ROC if your ROC is already assigned to an officer. They'd just eventually get to it, approve it (or send an RFE)  and eventually approve it. Then, whenever your field office gets to your N400, they can see in the system that you've been approved for ROC, and on they go.
   2. It would slow down the ROC (and in fact, sometimes, keep you from ever actually holding a physical 10year green card in your hand) if A) your ROC hasn't been assigned to an officer and B) your field office is slow to process N-400s. In that case, USCIS is supposed to pull your ROC, join it up with your N400 at NBC, and then send both files to your local office. Then they both get put into the queue for N400 processing, and (if you don't need an ROC interview) they just approve and close it when you come for your N400 interview. If you need an ROC interview, they do both interviews sequentially at USCIS when you come in for your N400 interview.
   3. It may speed up the ROC if, as in OP's case, the ROC case seems to be either lost or in some kind of crazy limbo. The N400 should force USCIS to find the ROC file and send it to the local office, where they will process it alongside the N400.

The only potential denial based on this situation would be for the N400 (not the ROC). This could happen if 

1. The ROC is denied, meaning that the person no longer qualified for citizenship.
2. The ROC and N400 have not been linked up (which would really be a USCIS error) at the time of the N400 interview, and the ROC has not yet been approved. This usually does not result in a denial of the ROC but rather you do your N400 interview and then still have to wait for ROC to be approved before you are placed in line for an oath ceremony.

Either way, the officer who tried to scare you out of filing N400 while ROC is pending is just a big jerk, and the lawyer who said you weren't allowed to do it is wrong. They may be a good lawyer otherwise (I don't know) because this situation rarely occurred before... mostly everyone's ROC was being decided within a year (often much sooner) up until Oct of 2016, when everything went sideways.

 

[Cincyman 127]

10 hours ago, nightingalejules said:

Just to clarify one of the documents linked in this thread: 

 

An application for naturalization may not be approved if there is a pending petition for removal of conditions. If an applicant’s petition to remove conditions is pending at the time of filing or is filed prior to the interview, USCIS will adjudicate the petition to remove conditions prior to or concurrently with the adjudication of the naturalization application.

 

This actually helps to explain everything:

1. The N-400 may not be approved if there is a pending ROC. This doesn't mean that either petition will be denied as a result. What it means is that the ROC has to be approved before the N-400 (but that could mean 5 minutes before). In this case, "may not be approved" doesn't mean "may be denied" but rather "is not allowed to be approved" until the ROC is approved - but again, it doesn't say "may not be filed."
2. If an applicant's [ROC] is pending at the time of filing... USCIS will adjudicate the [ROC] ... etc. This, by its very wording, allows that you can file N-400 while your ROC is pending, since if N400 weren't allowed to be filed before approval of ROC there is no way that this situation could have occurred.
3. Also, this explains how sometimes filing N400 has no effect on timing of ROC, sometimes speeds it up, and sometimes slows it down.
   1. It would have no effect on the wait time for ROC if your ROC is already assigned to an officer. They'd just eventually get to it, approve it (or send an RFE)  and eventually approve it. Then, whenever your field office gets to your N400, they can see in the system that you've been approved for ROC, and on they go.
   2. It would slow down the ROC (and in fact, sometimes, keep you from ever actually holding a physical 10year green card in your hand) if A) your ROC hasn't been assigned to an officer and B) your field office is slow to process N-400s. In that case, USCIS is supposed to pull your ROC, join it up with your N400 at NBC, and then send both files to your local office. Then they both get put into the queue for N400 processing, and (if you don't need an ROC interview) they just approve and close it when you come for your N400 interview. If you need an ROC interview, they do both interviews sequentially at USCIS when you come in for your N400 interview.
   3. It may speed up the ROC if, as in OP's case, the ROC case seems to be either lost or in some kind of crazy limbo. The N400 should force USCIS to find the ROC file and send it to the local office, where they will process it alongside the N400.

The only potential denial based on this situation would be for the N400 (not the ROC). This could happen if 

1. The ROC is denied, meaning that the person no longer qualified for citizenship.
2. The ROC and N400 have not been linked up (which would really be a USCIS error) at the time of the N400 interview, and the ROC has not yet been approved. This usually does not result in a denial of the ROC but rather you do your N400 interview and then still have to wait for ROC to be approved before you are placed in line for an oath ceremony.

Either way, the officer who tried to scare you out of filing N400 while ROC is pending is just a big jerk, and the lawyer who said you weren't allowed to do it is wrong. They may be a good lawyer otherwise (I don't know) because this situation rarely occurred before... mostly everyone's ROC was being decided within a year (often much sooner) up until Oct of 2016, when everything went sideways.

 

Big thanks for your great information!