Legalese: Does filing N-400 "compel" adjudication of a pending I-751

[afrocraft 313]

I know there's a (still unresolved?) debate about filing N-400 when I-751 is pending, but what do the law/regulations/case law/USCIS decisions really say on this? Does filing an N-400 really "compel" USCIS to act on the I-751? Why can't they just suspend your N-400 till a decision is made on the I-751, however long that takes?

[Dualie 185]

I filed for N400 while waiting for my I-751.  I was scheduled for the N400 interview and attended not knowing whether or not it would be a combo interview.  The IO said that before he could conduct the N400 interview, he needed to adjudicate my pending I-751.  Now, that being said, I have read posts here on VJ where the N400 was conducted, but no decision could be made until the ROC was adjudicated at a later date.  From what I see, it all depends on the office, the IO, the area...  There doesn't seem to be a concrete protocol for adjudication of these two cases.

 

I remember reading the actual statement by USCIS on this, but I can't remember where to find it. I am sure one of the more knowlegable folks here will post the link if they read your post.  It is perfectly legal and you are perfectly within your rights to file an N400 while your I-751 is still pending.  Whether it actually "compels" USCIS to act on the I-751, well, that's anyone's guess.  I have seen evidence of both yes, and no.

[afrocraft 313]

1 hour ago, Dualie said:

I remember reading the actual statement by USCIS on this, but I can't remember where to find it. I am sure one of the more knowlegable folks here will post the link if they read your post.  It is perfectly legal and you are perfectly within your rights to file an N400 while your I-751 is still pending.  Whether it actually "compels" USCIS to act on the I-751, well, that's anyone's guess.  I have seen evidence of both yes, and no.

Thanks. Yeah, the most I could find, from the USCIS Policy Manual, has all these caveats:

 

Quote

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. [6] 

----

6. An officer should conduct the naturalization examination even if the petition to remove conditions is not in the CPR spouse’s A-file. The officer should follow internal procedures to request the petition. The officer must not approve the CPR spouse’s naturalization application until the officer has reviewed and approved the petition to remove conditions.

 

[Pitaya 2,576]

To gain a larger perspective, here is a current on-going similarly-themed thread, that has been ongoing since 2017 and has close to a thousand responses:

 

While USCIS is dragging its heels,  It helps everyone that uses the forum.

 

Wishing you quick resolution of your immigration issues.

[Sukie 1,440]

I'm not sure the verb "compel" is the correct verb.  You will not get a decision on your N-400 until a decision is made on the I-751.  It is supposed to happen (almost) concurrently, but recently, things have started to get bollixed up.

 

Good luck!

 

Sukie in NY

[Crazy Cat 39,362]

I have seen no evidence that filing the N-400 prior to adjudication of the I-751 causes any delays..........so my wife plans to file for Naturalization as soon as she is permitted.

[xillini 71]

USCIS field manual says I 751 must be adjucated in prior to N400 adjucation. It is cut and dry when a law maker words the law and regulation, but when it comes to enforcing it in reality, it gets tricky. Some may argue that it does not have to be concurrently adjucated because it simply means that I 751 is pending when IO is reviewing paperwork while others may argue that it forces pending I 751 to be adjucated because N400 interview was scheduled. 

 

Unfortunately, this issue is not interpreted by judicial power (such as court), and therefore until now it is really upto discretion of USCIS IO who is performing N400. If they feel nice, they can do, but if they don't feel nice, they don't have to adjucate two at the same time, which is where the gray area is and abuse can be easily taken of. Side note would be many of immigration laws never get interpreted by judicial power due to time constraints that by the time when judicial power make final judgement, it takes too long that it is no longer valid. I.e: clearly I 765 employment authorization shall be adjucated based on merit within 90 days but if one brings it to the court case to force USCIS to make decision, it takes 1-2 years by which time I 765 will be adjucated, so it is simply not worth dragging into judicial power, and since USCIS may bring it to upper court (like Appellate Court and even to Supreme Court) if they do not agree with lower court, in which cases it will take at least 3-5 years depending on specificity of the issue, what is the point of doing that? USCIS knowing exact nature of this issue, they can be bratty to its applicants showing "Mind your business, we will do our best" attitudes

 

Since there is no judicial interpretation of this clause, if it is normal organization dealing with this gray area, leadership team would provide guidance, but so far it seems that USCIS leadership teams enjoys the benefit of doubts and does not provide appropriate guidance of how IO has to do specifically.

 

[geowrian 22,336]

I'm unaware of anything compelling adjudication of the N-400. Many times they will adjudicate them together - I would assume it's simpler and more efficient to do so. But sometimes not both are ready for an interview at the same time, and not all IOs are qualified & trained to adjudicate both types of cases.

 

There is a provision regarding adjudication of an N-400 within 120 days from interview. See https://www.uscis.gov/policy-manual/volume-12-part-b-chapter-4.

However, if they cannot confirm eligibility for naturalization, then they can request more time. A pending I-751 is a valid reason for being unable to adjudicate the N-400 since having conditions lifted is a requirement for naturalization.

[afrocraft 313]

14 minutes ago, geowrian said:

I'm unaware of anything compelling adjudication of the N-400.

Thanks. I was more interested in any mechanisms in law compelling the adjudication of the I-751 (like filing the N-400).