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Will they re-scrutinize my I-751 waiver while filing for Citizenship

Bloomfield, NY |

I got my conditional residency in 2006 and I got divorced in 2007 under extreme conditions. I had filed for I-751 waiver and it was approved in 2010 and hence I received my 10 year extension in 2010. During I-751 waiver interview they had asked for a number of supporting documents and it was pretty painful gathering them but I did eventually submit what they asked for.

I am thinking about filing for citizenship now but I am worried whether they would try to re-scrutinize the I-751 waiver and my 10 year extension and ask for new information again?

Attorney Answers 3


I agree with Attorney Capriotti. USCIS will review you entire file. However, I agree with both immigration lawyers that your naturalization should be much smoother than your application to remove the conditions. However, you owe it to yourself to contact a New York immigration lawyer, whether myself or one of my colleagues. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.

Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.

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No. Rest assured no one will re-visit your I-851 application again during your naturalization interview. Your I-751 has already been adjudicated and has been granted. That case is LI since closed you will not e questioned about e particulars of your I-751 again.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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I must respectfully disagree with Mr. Behar.

Although it will not be as painful as before, they are required to completely review your entire file.

This includes the bona fides of your original conditional permit and the waiver.

With that said, most likely you have nothing to worry about.

Still, having an attorney sitting next to you is a good idea.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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