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What is the process for permanent residency to U.S. citizenship?

After EB-5 investors receive their permanent green card, what would be the process for them to obtain their U.S. citizenship? How long would it take and what are the potential issues that would arise that would prevent them from becoming a citizen? Do immigrants who obtain their permanent residency through the EB-5 program go through a different process than other immigrants?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    A legal permanent resident must maintain status for a period of 5 years to be eligible for U.S. citizenship. You must also demonstrate sufficient physical presence in the United States. Please note that certain crimes can prevent you from being granted U.S. citizenship.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Permanent residency to citizenship will be the same process for all permanent residents. After 5 years of permanent residency, there will be forms to submit and supporting documentation to provide to USCIS. An interview will be scheduled to review your application and quiz you on U.S. history and government, and determine your understanding of the English language. In the meantime, pay your taxes, stay in the United States more than be outside of the United States, and don't get in trouble with the law.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    The process is the same as any other resident. Once you receive the permanent green card, you will be required to remain in the United States for an additional 3 years before you can apply. You can be denied citizenship if you are convicted of a crime, etc.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    You will be able to apply for citizenship after 5 years of being a lawful permanent resident. The two years of conditional residence count for the five years. In order to apply for citizenship, you need to demonstrate that you have been physically present in the US at least 2 ? years of the 5 years. If you have any additional questions, please do not hesitate to contact me.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Same process as other immigrants. 4 years and 9 months after obtaining your permanent resident card you can apply for citizenship if you meet the tests of physical presence, continuous residence, state residence and good moral character.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Five years after receiving their conditional green card, they can apply for citizenship.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Generally after the full green card is issued, the applicant must wait 2 years to apply, or 57 months from initial grant of conditional residence. Applicant must ordinarily be present 50% of the statutory 5 year period, not absent for more than 6 months at any one time, and be of good moral character.

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    Johanna Keamy

    Immigration Attorney
    Answered on

    After obtaining an unconditional 10 year green card, a permanent resident may apply for U.S. citizenship by filing Form N-400 and supporting evidence with USCIS. Current processing time for N-400 applications takes approximately 3-4 months. However, each case is different and processing time can be much greater for certain application such as those with criminal or immigration issues. Issues would arise if any of the following factors have not been satisfied: 1. Lawful permanent resident status. 2. Good moral character. 3. Knowledge of English and American government and history. 4. At least 18 years old. 5. Residence in the United States for at least 5 years or 3 years for a spouse of a U.S. citizen. 6. Physically present in the United States for at least half of the five years or 3 years for a spouse of a U.S. citizen. 7. Continuous presence requirement has not been disrupted. 8. Believe in the principles of the U.S. Constitution and take a loyalty oath to the United States . The process is the same for all lawful resident in the United States.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The EB-5 investor can apply for U.S. citizenship five years after the investor obtains conditional permanent residency. The EB-5 investor will go through the same process as other residents applying for U.S.citizenship.

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    Clara Diez

    Immigration Attorney
    Answered on

    If you have a green card holder for 5 years, you must meet the following requirements in order to apply for naturalization: Be 18 or older at the time of filing; Be a green card holder for at least 5 years immediately preceding the date of filing the Form N-400 application for naturalization; Have lived within the state, or USCIS district with jurisdiction over the applicant's place of residence, for at least 3 months prior to the date of filing the application; Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of filing the application; Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application; Reside continuously within the United States from the date of application for naturalization up to the time of naturalization; Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics). Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law.

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    Margo Chernysheva

    Immigration Attorney
    Answered on

    The process to obtain citizenship after EB-5 is in no way different from a regular process other legal permanent residents (LPR) need to follow. The investor can apply for citizenship 90 days before 5th year anniversary of LPR status. The issues preventing an LPR from becoming a U.S. citizen are no different from any other LPR.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Obtaining citizenship after receiving the permanent residency is the same for all, 5 years after obtaining LPR status, except when the permanent residency is obtained through marriage to a U.S. citizen, which is 3 years. If you were able to remove condition by getting your I-829 approved in EB-5 case, you should calculate 4 years and 9 months from the time you entered U.S. with conditional residency or had your I-485 approved to file the N-400 for citizenship.

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    Stephen Berman

    Immigration Attorney
    Answered on

    They can file for citizenship 5 years from the date of permanent residence. Same as all other immigrants.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Assuming you are successful in removing the conditions on your residence and also assuming you comply with the physical presence and other requirements for naturalization, you will be eligible to apply for citizenship 4 years and 9 months from the receipt of your initial, 2-year card.

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    Kripa Upadhyay

    Immigration Attorney
    Answered on

    EB-5 investors follow the same process as others in their path to becoming U.S. citizens. Generally, if you are a green card holder of at least 5 years, you must meet the following requirements in order to apply for naturalization. The 5 year period for EB-5 investors starts from the date you were granted conditional (2 year) lawful permanent residence. The requirements are: Be 18 or older at the time of filing; be a green card holder for at least 5 years immediately preceding the date of filing the application for naturalization; lived within the state, or USCIS district with jurisdiction over the applicant's place of residence, for at least 3 months prior to the date of filing the application; have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of filing the application; be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application ; reside continuously within the United States from the date of application for naturalization up to the time of naturalization; be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics); be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law.

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    Darren Silver

    Immigration Attorney
    Answered on

    The process is identical. You will need to maintain your permanent residence status for a period of 5 years before eligibility.

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    You would file an application for citizenship after being a permanent resident for 5 years. It would take about 6 months. There are no risks unless you have been convicted of certain crimes or previously filed a fraudulent application. The procedure is the same for all permanent residents.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    After you obtain your green card, the requirements for naturalization to become a U.S. citizen are as follows: Five years of continuous residence (living in) the United States, at least half of that time physically present in the United states, no absences of more than 180 days, good moral character and attachment to (agreement with) the U.S. Constitution, and passing a test of U.S. history and civics (answering 10 questions). You then take an oath of allegiance to the United States, receive your naturalization certificate, and apply for a U.S. passport, if desired. The main issues that come up are (1) failure to live in the United States or be physically present for the required amount of time and (2) failure of males between 18 and 26 to register for the U.S. selective service as required by law. Other issues are very rare. EB-5 green card holders have the same naturalization process as everyone else.

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