Filing N-400 while I-751 is still pending due to Visa Ban Executive Order for Iranians

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Hi, I know that there is not much guidance or clarity out there about the visa ban yet but based on the current evidence, it seems that all applications (except N-400) filed by an Iranian citizen will stay on hold for 90 days. I have filed an I-751 that's been pending for 11 months now and I was told by a USCIS officer that I should get my passport stamped before the 12 months from the application date. I have a few questions: (1) Is a conditional permanent resident, with an expired green card and pending I-751, considered a Green Card holder under the visa ban? USCIS officer seemed to have a different idea, (2) Since I will be eligible to file for N-400, 90 days before 3 year residency, it was recommended to apply for it even though I-751 is still pending. Would this buy some security on my status with the visa ban situation? Should I do it? (3) If USCIS refrains from giving the expired green card back to me after stamping the passport, can I still send a copy of it with N-400 application? or I should apply for N-400 before I get the stamp or it doesn't matter? Thanks

Attorney Answers

3
F Capriotti 2793192.Html ·
Any N-400 you file will go into your 'A' file and be put on hold along with the I-751. 1. What CIS officer told you that a CPR, with a valid receipt to extend the I-551, is not a lawful, but conditional, resident? 2. No, I wouldn't waste the money for it to go on hold with the I751 3. Make high quality PDF scans of the card before you go in for InfoPass stamping.
0 upvotes
Donald Smith ·
1) yes, with a timely filed I-751 receipt, i recommend an I-551 stamp as well, 2) N-400 filings sometimes help push the I-751, N-400's are delayed now, 3) can apply N-400 without stamp
0 upvotes
Carl Michael ShustermanImmigration AttorneyLos Angeles, CA ·
The USCIS has released its holds on immigration applications filed by Iranians. https://www.attorneyqna.com/legal-guides/ugc/applying-for-naturalization-part-one-
0 upvotes

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