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How do conditional green card holders become citizens?

I am in the EB-5 investor program and have been under the I-829 petition for 5 years. That being said, I had CPR for 2 years and filed an I-829 petition since then and have been waiting for another 3 years. I now have I-551 temporary stamp. Does this count as having a green card for 5 years? Am I eligible to apply for U.S. citizenship? If not, how can I become eligible?

Answers

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You are not eligible to apply for citizenship until the I-829 Petition to Remove Conditions is approved. The time you remained in the conditional permanent resident status, however, will count toward the requisite 5 years of lawful permanent resident status.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you have resided in the U.S. for 5 years after you have qualified for conditional permanent residency, you may file your application for naturalization on Form N-400. All of the time that you have been in the U.S. in conditional status counts toward your 5-year residency requirement.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Your I-829 has to be approved before you can pursue naturalization. You need 5 years of residence prior to naturalization. However, your 5-year count towards qualification for naturalization actually starts from the moment you obtain I-526 approval. Advisably, consult an immigration attorney before proceeding further.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The time spent in conditional lawful permanent resident status counts toward meeting the five years of continuous residence for naturalization purposes. As a conditional resident, you have all the same rights and privileges of a permanent resident (without conditions) including the right to petition for relatives and to apply for naturalization. U.S. courts have said, however, that you must have your conditions removed before you can naturalize to become a U.S. citizen.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You should be eligible to file for naturalization. They allow that for CRs based on marriage, so they should allow that for other CRs as well. In any case, there is no harm in trying.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, you may apply for U.S. citizenship 90 days before your 5-year anniversary of becoming a conditional resident provided you are otherwise eligible. The citizenship application cannot be approved until the I-829 is adjudicated.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You are eligible to apply for citizenship if you have been physically present for 50% of the past 5 years and meet other criteria. However, as a practical matter, USCIS will not approve your naturalization application until the conditional permanent residence application is finally adjudicated. In the past, when we have pushed on the naturalization application by filing a mandamus action, USCIS has responded by adjudicating the past due I-829.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Your conditional green card status period counts when you apply for the citizenship. However, you are not eligible to apply until your Removal of Conditions application (I-829) is approved.

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