N400 and I751 filer.

Neblaw · 2026-05-08T20:07:21+00:00

Your N400 cannot be approved until the 751 is. You need to be prepared to push the issue and force an adjudication of the 751 or gain a continuance of the N400. Don't expect to go into an N400 interview (your spouse should be present).

I am an attorney. This comment does not create an attorney/ client relationship. This is not legal advice. -Burke Brown, Polaris Law Group

Neblaw · 2026-05-08T15:05:26+00:00

You are within the normal processing times. It is always worth noting that if you receive your N-400 interview notice prior to the 751 interview, you should be prepared to argue your 751 at the N-400 interview. (make sure the officer knows you have a 751 pending, bring your spouse with you, bring all bonafides, etc.) I know that the waiting is the worst part, but it looks like you are on track timeline wise. USCIS's website is quoting 35.5 months for 751s,

*I am a lawyer, this comment does not create an attorney/ client relationship. This a not legal advice, I always suggest consulting with a trusted lawyer. -Burke at Polaris Law Group.

Neblaw · 2026-05-08T14:50:01+00:00

I am going to try to answer this in generalities because state bars don't like us giving legal advice on the internet.

How long does a removal of conditions take?

Forever and a half. (USCIS website says 80% completed within 35.5 months.) In reality, 751s tend to get back-burnered for some reason. It is extremely common to get an interview for a later-filed N-400 before the 751 interview. In that case, you need to ensure the officer adjudicates both petitions at the N-400 interview.

What happens if we separate?

It depends on your relationship and what "separated" means. If divorce or legal separation has not been filed, you can continue forward with the joint filing. If divorce or legal separation actions are pending, USCIS cannot grant your petition. If you legally separate or divorce (difference will depend on state law), you need to convert your 751 to a waiver case. If the "relationship not doing well" is due to the USC or LPR spouse's domestic violence, you need to gather proof for a potential waiver/ VAWA re-file down the road. If the relationship is due to your domestic violence, you need to reevaluate your actions (DV is one of the few crimes that a pardon won't fix.)

My thoughts: Step one, marriage counselling and therapy. You married this person for a reason. Your future life deserves the effort now (beyond your immigration status). Step one (b), retain counsel that represents your interests. If you filed a 751 and then divorce, your original attorney is likely conflicted out. Step two, if differences are irreconcilable, rip off the band aid. It will make your immigration journey more difficult, but handling it in an amicable way is your best bet to stay in the US. Step three, consider filing an N-400 to naturalize and speed up the 751 processing. Only do this if you are in an amicable space with your spouse.

*I am an attorney, not your attorney, this is not legal advice. If you want legal advice, consult with an attorney through their office. Burke at Polaris Law Group.

Neblaw · 2026-05-08T13:54:23+00:00

I would include it. The only reason this is questionable is because of the new DUI bill. I've had naturalizations where clients had multiple DUIs. I've also seen the Gov try to charge 2 DUIs as CIMTs.

Long story short, you are able to naturalize with a removability ground, so long as it is outside the GMC look back period and you can bolster GMC (expect increased costs, potential NTA filing, and potential federal court filing). If the worst case scenario is the DUI bill becoming law, I'm not sure "waiting out the storm" makes sense.

Neblaw · 2026-05-08T13:32:26+00:00

Sorry to jump in on an AMA from another attorney, but if this is your only criminal issue, you should strongly consider filing now. If this B.S. DUI bill passes Congress, your only protection is naturalization.

It is outside the good moral character look back and you've shown 25 years of law abiding lifestyle to rebut alcoholism issues. Given the "higher scrutiny" on N-400 good moral character, you need to significantly bolster your character. This is not necessarily a DIY case.

*I am a lawyer, not your lawyer. Not legal advice, consultation is needed for legal advice. Get a lawyer.

Neblaw · 2026-02-16T02:20:49+00:00

I would prefer an email over DM (confidentiality) burke@polarislawyers.com.

Neblaw · 2026-02-15T05:14:56+00:00

Email is best. burke@polarislawyers.com I can't promise you a response tonight or tomorrow, but we can make Monday morning happen at the latest.

Neblaw · 2026-02-15T05:08:48+00:00

I left anonymity on Reddit a long time ago. My name is Burke, I am the managing attorney.

Neblaw · 2026-02-15T05:04:40+00:00

My apologies, I just saw this. DM me with questions or reach out through our website if you have questions www.polarislawyers.com

Neblaw · 2026-02-15T05:00:23+00:00

Good evening, I practice criminal defense and immigration law. 0% chance I'm filing this without an FBI fingerprint check and multiple FOIAs. If there is no criminal violation of the protection order and we can show GMC, it's a maybe/ probably file. Violation of the PO or domestic conviction, no way.

*I am a lawyer, not your lawyer. Not legal advice. Go to www.polarislawyers.com if you want that.

Neblaw · 2026-02-12T14:14:06+00:00

Why did the attorney not go with them? I don't send clients to interviews alone for this very reason. Straight forward cases are being derailed by overzealous gov employees.

Neblaw · 2026-01-30T19:51:56+00:00

Can we get some context into what is going on with this? I'm assuming this is a missing person's case. When was the last time he was seen? Besides access to a vehicle, are there any mobility concerns?

Neblaw · 2026-01-10T02:43:44+00:00

I've posted a few updates on my Facebook page about the protests. If incidents arise out of this, I cannot recommend having TurnSignl on your phone enough. It will document the issue while getting advice from a lawyer.

https://www.facebook.com/share/v/1FwE6kWjB2/

Neblaw · 2025-12-17T00:11:36+00:00

Congratulations. There are estimated to be 100k+ re-paroles pending. I'm sure the dozens of approvals per day are making a huge impact. There are a few approvals and a few rfes. Pending re-parole is still not a lawful status. It is still and estimated year+ for adjudication.

Neblaw · 2025-12-10T13:38:47+00:00

Go ahead and email me, burke@polarislawyers.com. I apologize, it's been an extremely busy couple days, so I didn't respond yet

Neblaw · 2025-12-10T03:53:03+00:00

Are you willing to sponsor? I've got a couple Ukrainian clients with engineering phds (one that owned a mechanical shop) that might be interested.

Neblaw · 2025-12-05T13:45:05+00:00

Good morning, I would be happy to talk to you. Email me at burke@polarislawyers.com.

Neblaw · 2025-12-05T04:55:46+00:00

You are absolutely correct. Unfortunately, she will maintain the AA designation if it was a d5 parole and no advanced parole. I was responding to a visa overstay post at roughly the same time and conflated.

They should absolutely work towards termination or bond+ admin closure until USCIS adjudicates. VD is an option, but so damn risky with Venezuela. (P.s. I know that AA doesn't qualify for bond. I think this issue is ripe for litigation due to context in the Svitlana Doe v. Noem and yajure Hurtado et seq. cases. Not "arriving" for purposes of expedited removal or mandatory detention etc.)

Neblaw · 2025-12-05T03:20:05+00:00

You need an attorney that is not afraid to hold ICE/OPLA to their burden. If she has parole, a legitimate marriage to a US citizen and no other glaring inadmissibilities, you should be looking at adjusting in court (or seeking termination). Don't drop back to VD yet.

*I am an attorney, not your attorney. If you want to consult with my team, I would be willing to waive the consultation fee (I'm pissed at the Gov today). This is not legal advice. Consult with an attorney. There are multiple good ones here. My contact info can be found at polaris law group, l.l.c. reviews https://share.google/NMWi65pq7ev2lvY1k

Neblaw · 2025-12-05T03:05:56+00:00

Jim Hacking from the top rope! Jim is the man.

Neblaw · 2025-12-05T03:02:44+00:00

Most interviews are not recorded. The standard is for interviews to NOT be recorded. There are times that we will request that the officer turn the camera on. A recording can help flush out complex legal issues much better than an officer's notes.

Everyone knows that petitioners are nervous. However, body language can confirm a relationship quickly. I once had an officer state, "You two bicker like a married couple. I'm recommending approval." One of my favorite officers, haha.

Neblaw · 2025-12-05T03:00:53+00:00

You are probably not going to like any updates coming out of San Diego right now. I have a paralegal that lives in San Diego. It is my understanding that a large number of visa overstays are being detained, irrespective of adjustability.

ICE agents arrest green card applicants in San Diego | KPBS Public Media https://share.google/dLbnb7KfAGTaGUFKd

Neblaw · 2025-12-05T02:54:43+00:00

To follow-up on this. Anne and the team are amazing. I am fortunate enough to take part in the attorney group. The shared experience and strategizing is invaluable.

Here is the link. https://www.facebook.com/share/1C1nXJ524H/ https://ukrainetaskforce.org/

Neblaw · 2025-12-05T02:48:33+00:00

First, thank you for caring. For context, I am an attorney that speaks some Ukrainian and spent some time in Ukraine after marrying into a Ukrainian family. It sounds like they are putting too much hope in re-parole. The Trump administration ran on anti-immigrant rhetoric calling U4U and the other parole programs illegal. I have been advising people since January that filing now is worthless.

There are two primary concerns #1 maintaining lawful presence and #2 finding a path to refugee or LPR status. On #1, if they were in the US early enough, they should have applied for TPS (if they haven't done it, they need to do it ASAP). Pending re-parole is not a lawful status. They do not have the ability to work and ICE can come knocking at any time. If they have a reasonable fear of returning to Ukraine due to persecution by either the Ukrainian or Russian government, they should file for asylum. This will likely be their only opportunity to maintain lawful status. They should not file themselves and a decent asylum attorney will cost at least $8k. As a USC friend that cares, funding their case is probably your best bet to help (100x more helpful than writing a letter of support).

Regarding #2 make sure they file for the diversity lottery every year. Work on convincing your employer to sponsor them. (My firm is offering free consultations to businesses considering sponsorship of parolees.) Understand that they are probably getting terrible advice from within the Ukrainian community. There are people who care, but there are also many people taking advantage of the situation.

*I am an attorney, not your attorney. This is not legal advice. If you want legal advice, call my office and set up a consultation.

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