tortuga9999

Hi everyone,

I had my N-400 interview today. I applied while having my I-751 pending, as I read in multiple forums that this was possible and that USCIS would need to approve I-751 and N-400 at the same interview. However, the immigration officer said this would be a problem and he gave me 30 days to provide proof that I adjusted my status from CR6 (conditional resident) to IR6 (permanent resident). He still took my english/civics test. Given I provide my proof, I should be fine, otherwise, I can't be naturalized. This is what he said.

I don't really understand this, since USCIS is the only one capable of approving my I-751, I have no power to do this myself. I told him I have been waiting for 3 years for my I-751 to get approved and I doubted it could get approved in only 30 days and he agreed to that.

How am I supposed to fix this issue? Can somebody recommend an immigration lawyer in the area of San Diego?

Thanks in advance

Noorah101

Hi torguga, and Welcome to BE.

I'm sorry you had this result at your interview. Have you been making periodic visits via Infopass to your local office to inquire about your I-751? What are they telling you?

Sometimes a case gets moved to the off-site storage facility without being adjudicated, this happened to Milan (do a search for his posts on this). That could be your problem, but you won't know unless you do an inquiry in person.

It could also be a security check holdup, which you would have no control over, but you could try getting your state representatives and congressman involved.

Best Wishes,
Rene

tortuga9999

Thanks for your response.

Yes, I have been doing periodic Infopass appointments, the answer is always "your case is still pending", "they will mail you a letter when there is any progress" and so on. Last time I went, around Oct 2008, I didn't want to leave with that answer and the officer found out they had an issue with the fingerprints (they issued a different code number for the previous fingerprints). They issued another Fingerprint appointment, and after that the case never updated anymore.

I will look into contacting the congressman.

I will also take a look at the Milan posts, since the N-400 officer told me my case has not been adjudicated yet so it might be the same issue.

Thanks again

Noorah101

Milan's posts are only about his I-751 (he filed with a waiver after a divorce). He has not yet filed his N-400.

I only meant for Milan's posts to help with what might have happened to your case, since Milan's I-751 file was sent to storage by mistake.

Rene

Rete

I have two questions:

what is CR6?

Did you apply for a waiver of removal of conditions?

Noorah101

CR6 is the code for Conditional Resident via AOS in the USA. Sadegh got the same code after doing AOS from his K-1.

Rene

Rete

Really? Jim has CR-1

Noorah101

I thought CR-1 was only for those coming over directly on the Immigrant Visa.....no AOS involved. Interesting.

Rene

tortuga9999

CR6 means conditional residence. I obtained this through marriage, 6 months after filing and around 9 months after marrying. This is why they gave me the conditional residence instead of the permanent residence you obtain after being married for two years.

I filed for an I-751 waiver given that I divorced and married to another US citizen, my current wife.

I applied for N-400 given that I have been a resident for 3 years and married to a US citizen (my current wife) for 3 years.

ian-mstm

Really? I was an IR-6... and I adjusted from within the US. Because of the delay in adjudication, I was never a CR-6.

Ian

Rete

So your waiver has been pending for over 3 years?

Rete

Now you got me doubting myself. Thanks heaps So I went to our binder for the I-751 petition and there is it CF-1 ... mind you not CR but CF

fatbrit

Weirdly enough, I believe USCIS have just shot themselves in the foot. The time from your naturalization interview to their decision is actually legislated. You've got an easy writ of mandamus if they don't get their act together.

Noorah101

CF-1 might be the status after the conditions are removed. What was the status code on Jim's 2-year Green Card?

Rete

Rene ...

Read me post again, sweetie. That was the photocopy of his 2 yr green card that was sent with the I-751.