Permanent residents who hold a conditional 2-year green card may be surprised to learn that they can apply for U.S. citizenship without having to wait for their 10-year green card. Conditional green cards are typically granted to individuals who received their status through marriage to a U.S. citizen or certain business investments. After two years, these conditional residents must file a petition to remove the conditions on their residency and obtain a 10-year permanent green card. However, they don’t have to wait until this process is completed to apply for citizenship—many are eligible to start the naturalization process even while their petition for a permanent green card is pending.
Eligibility for Citizenship Before Obtaining a 10-Year Green Card
Conditional permanent residents who have been married to a U.S. citizen for at least three years and who have lived continuously in the U.S. during that time may be eligible to apply for naturalization, even if they still hold their 2-year green card. The key requirement is that the individual must have been a permanent resident for three years, regardless of whether their green card is conditional or not.
To be eligible, applicants must also meet other requirements, such as demonstrating good moral character, passing the English and civics tests, and being physically present in the U.S. for at least half of the three-year period. Importantly, applicants must also be in the process of removing the conditions on their green card by filing Form I-751 (Petition to Remove Conditions on Residence) with USCIS. As long as this petition is pending, applicants can still apply for naturalization.
Filing for Citizenship While Removing Conditions
The naturalization process for conditional green card holders runs parallel to the process of removing conditions on their residency. In other words, you can submit Form N-400 (Application for Naturalization) even if your I-751 petition has not yet been approved. However, USCIS will not grant citizenship until the conditions on your green card are removed. The two processes are handled separately, but having both applications in progress can save time in the long run. If both petitions are successful, you can become a U.S. citizen without having to wait for the 10-year green card.
While this option can be a time-saver for many, it’s important to ensure that both applications are properly filed and meet all the requirements. Any mistakes or missing documentation in either process can delay your citizenship application or result in a denial. That’s why having experienced legal guidance is essential to navigating these complex applications.
How The DiMaria Law Firm Can Help
The DiMaria Law Firm specializes in helping permanent residents, including those with conditional green cards, apply for U.S. citizenship. We understand the intricacies of the naturalization process and can help you determine whether you are eligible to apply for citizenship while your conditional residency is still being processed. Attorney DiMaria will assist you with both your I-751 petition and your N-400 application to ensure everything is submitted correctly and on time.
With The DiMaria Law Firm, you’ll have an experienced immigration attorney by your side every step of the way. We will review your case, help you gather the necessary documentation, and prepare you for your citizenship interview. If you’re a conditional resident ready to take the next step toward becoming a U.S. citizen, contact The DiMaria Law Firm today for personalized legal assistance that will guide you through the process with confidence.