N-400/I-751, Hypothetical questions

[EatBulaga 465]

In case the N-400 is applied under the 3-year rule (for example, Jan 10, 2026, but I-751 48-month validity to Apr 10, 2029), but USCIS delayed the processing with the interview after April 11, 2028, does the case automatically become a 5-year rule N-400 petition?

 

Does the N-400 NOA1 (for example, Jan 10, 2026) override the validity of the I-751 48-month NOA1 (valid till Apr 10, 2029)? For example, if I-751/N-400 is delayed beyond Apr 10, 2029, the N-400 NOA1 is the overriding proof for legal status?

 

With the processing of cases slowing or delayed, these questions may not be as hypothetical in the near future?

[OldUser 9,147]

4 hours ago, EatBulaga said:

In case the N-400 is applied under the 3-year rule (for example, Jan 10, 2026, but I-751 48-month validity to Apr 10, 2029), but USCIS delayed the processing with the interview after April 11, 2028, does the case automatically become a 5-year rule N-400 petition?

 

 

No it doesn't. But you can ask to convert the case before interview or even at the interview (depends on officer)

[OldUser 9,147]

5 hours ago, EatBulaga said:

Does the N-400 NOA1 (for example, Jan 10, 2026) override the validity of the I-751 48-month NOA1 (valid till Apr 10, 2029)? For example, if I-751/N-400 is delayed beyond Apr 10, 2029, the N-400 NOA1 is the overriding proof for legal status?

No, it doesn't override. Also, N-400 extension also doesn't extend I-751 extension. Letters only extend physical GC expiration.

 

As of today, I-751 extension letters are 48 months and N-400 extension letters are 24 months. This means, for anybody with pending I-751, their I-751 receipt is much more useful than N-400 receipt when it comes to travel or proving status. N-400 extension letter is useful for somebody who has 6-12 months left on their 10 year GC and they don't want to file I-90.

Edited yesterday at 05:02 AM by OldUser