On October 7, 2020, the Department of Homeland Security’s Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) hosted a public webinar to discuss USCIS’ Processing of Concurrently Pending Forms N-400 (Application for Naturalization) and Forms I-751 (Petition to Remove Conditions on Residence). Subject matter experts (SMEs) from U.S. Citizenship and Immigration Services (USCIS) also joined this session and they committed to provide answers (in writing) to the additional questions from stakeholders after the webinar.
Below is the list of inquiries received from stakeholders with the responses from USCIS:
- Unlike the I-751 processing times posted for each service center, the I-751 processing times for all field offices are reported as a collective range. Has USCIS considered changing the I-751 processing time to reflect the times at specific field offices, or is the processing time truly the same for all field offices?
- USCIS Response: The Field Operations Directorate (FOD) will take this question into consideration to better reflect individual processing times for specific field offices. Another online tool to use for tracking the status of your case is the “Case Status Online” tool. The link to access this tool is https://egov.uscis.gov/casestatus/landing.do. It provides the status of an immigration application, petition, or request.
- If an N-400 is denied because the I-751 was denied, but the I-751 is later reopened (either on a Service motion or approved Form I-290B (Notice of Appeal or Motion)) and approved, will USCIS reopen the denied N-400 without requiring another filing? If so, what action, if any, does the N-400 applicant need to take to have the N-400 reopened? Separately, if an N-400 is denied based on an I-751 denial, can both decisions be addressed during an N-336 (Request for a Hearing on a Decision in Naturalization Proceedings Form) hearing?
- USCIS Response: Due to the nature of USCIS processing, all applications, petitions, and requests are handled on a case-by-case basis.
- Ombudsman Note: The Ombudsman’s office assists individuals and employers in resolving case problems with USCIS. While we do not advocate for a particular outcome, we seek to promote a fair and consistent process. If you believe that USCIS has taken an inconsistent action on your case, and you are seeking to learn more about the specific facts that were considered, you may ask the Ombudsman’s office to assist by submitting a request for case assistance. It is important to note that we are an office of last resort and we ask that you attempt to resolve your issue with USCIS prior to contacting our office for assistance. In addition, submitting a request for case assistance is never a substitute for legal recourse; individuals and employers must timely file Motions to Reopen/Reconsider and appeals to preserve their rights, even after making a request for case assistance to the Ombudsman office. For more information on how to submit a request for cases assistance with the Ombudsman’s office and what to include with your request, please visit the following link: www.dhs.gov/case-assistan