Removal of condition I-750 with a pending N-400

[kemm360 144]

I submitted my N-400 based on military service online around October 3rd 2020 and still waiting for Naturalization interview, my 2 year conditional green-card expires in July 2021 (I hope I don't have to wait that long so my immigration can just be over with), so the question here is does anyone have an idea if I have to send in my removal of condition application as per the original agreement i.e 90 days expiration window to get the 10 year green-card?

 

I have been getting different information about ROC is not needed with a pending N-400 and also some saying I will have to remove condition even with the pending N-400.

 

Has anyone been in this boat before? I don't want ICE knocking on our door lol

Edited January 10, 2021 by kemm360

[Pinkrlion 2,724]

Regardless of when you filed N-400, it will not be approved until ROC is completed, so you apply for ROC 90 days before expire and wait.  ROC has been taking 18 - 21 months to adjudicate.  

[kemm360 144]

2 minutes ago, Pinkrlion said:

Regardless of when you filed N-400, it will not be approved until ROC is completed, so you apply for ROC 90 days before expire and wait.  ROC has been taking 18 - 21 months to adjudicate.  

 

Thank you for your input but that is not corect. I know 2 soldiers in my current unit who got naturalized between August 2020 and December 2020 and their 2 year conditional green-card were set to expire this year (2021) and they have not filed ROC I-751 before they were called up for N-400 interview, they both said after the naturalization interview and oath ceremony which usually happen the same day for military members, the officer gave them their naturalization certificates and took their green-cards away. One of them told me he asked and the officer told him ROC is not required when filing via military and all that was is needed is to have been admitted as a permanent resident. 

 

He said it is not mandatory for US spouses to go to the naturalization interview if getting it through Chapter 5 - Application and Filing for Service Members (INA 328 and 329)

 

Filing N-400 based on military service is not the same as filing N-400 based on 3 years marriage to a US spouse qualification which I am not even eligible for yet until next year if I decide to go the civilian route which attracts a filing fee which we would not like to pay that right now especially when we can get it filed for $0 with military.

[HRQX 4,145]

3 hours ago, kemm360 said:

Has anyone been in this boat before? I don't want ICE knocking on our door lol

That would be extremely rare since you continue to be a PR beyond the date on the card. Only an Immigration Judge can revoke your status.

3 hours ago, kemm360 said:

if I have to send in my removal of condition application as per the original agreement i.e 90 days expiration window to get the 10 year green-card?

There's no obligation to file at the beginning of the filing window. Thus you can file, if you want, towards the end of the filing window (*if you haven't naturalized by then, per USCIS Policy Manual it's not required for you to file or have an I-751 approved before your N-400 is approved). If you do file I-751, what matters is the day I-751 arrives at Lockbox. See 8 CFR § 103.2(a)(7)(i): "USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format."

52 minutes ago, Pinkrlion said:

Regardless of when you filed N-400, it will not be approved until ROC is completed,

Not in all cases. E.g. if the conditional PR naturalizes under INA 329, INA 319(b) or INA 328.

INA 329: https://www.uscis.gov/policy-manual/volume-12-part-i-chapter-3 "If the applicant is a conditional permanent resident and is eligible to naturalize on the basis of military service during hostilities without being an LPR based on being in the United States during enlistment or induction, the applicant is not required to file or have an approved Petition to Remove Conditions on Residence (Form I-751) before his or her Application for Naturalization (Form N-400) may be approved."

INA 319(b): https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4 "Spouses of U.S. citizens who are regularly stationed abroad under qualifying employment may be eligible to file for naturalization immediately after obtaining LPR status in the United States. Such spouses are not required to have any prior period of residence or specified period of physical presence within the United States in order to qualify for naturalization."

INA 328: https://www.uscis.gov/policy-manual/volume-12-part-i-chapter-2 "is exempt from the residence and physical presence requirements for naturalization."

Edited January 10, 2021 by HRQX

[kemm360 144]

On 1/10/2021 at 2:49 PM, HRQX said:

That would be extremely rare since you continue to be a PR beyond the date on the card. Only an Immigration Judge can revoke your status.

There's no obligation to file at the beginning of the filing window. Thus you can file, if you want, towards the end of the filing window (*if you haven't naturalized by then, per USCIS Policy Manual it's not required for you to file or have an I-751 approved before your N-400 is approved). If you do file I-751, what matters is the day I-751 arrives at Lockbox. See 8 CFR § 103.2(a)(7)(i): "USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format."

Not in all cases. E.g. if the conditional PR naturalizes under INA 329, INA 319(b) or INA 328.

INA 329: https://www.uscis.gov/policy-manual/volume-12-part-i-chapter-3 "If the applicant is a conditional permanent resident and is eligible to naturalize on the basis of military service during hostilities without being an LPR based on being in the United States during enlistment or induction, the applicant is not required to file or have an approved Petition to Remove Conditions on Residence (Form I-751) before his or her Application for Naturalization (Form N-400) may be approved."

INA 319(b): https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4 "Spouses of U.S. citizens who are regularly stationed abroad under qualifying employment may be eligible to file for naturalization immediately after obtaining LPR status in the United States. Such spouses are not required to have any prior period of residence or specified period of physical presence within the United States in order to qualify for naturalization."

INA 328: https://www.uscis.gov/policy-manual/volume-12-part-i-chapter-2 "is exempt from the residence and physical presence requirements for naturalization."

Thank you! Very detailed.