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What is the residence requirement for becoming a U.S. citizen?

My original two year conditional green card acquired through EB-5 expired two years ago. Because my I-829 is still pending, I already did my second stamp to extend my status. I want to become a citizen ASAP. I heard that the two years while having a conditional green card count toward the five year permanent residency. But do the next two years when my permanent green card is pending, but my original is expired, count? When should I begin the citizenship application process?

Answers

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    Charles Foster

    Immigration Attorney
    Answered on

    You are required to be a resident of the United States for five years, during which time you must have resided in the United States for at least half of that time and never out for more than six months continuously. Your five-year period commenced when you obtained your conditional permanent residency. You should begin your naturalization application four years and nine months from the date you acquired your conditional permanent residency.

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    John J Downey

    Immigration Attorney
    Answered on

    Yes, the two years of conditional residency count once you have received permanent status. I would engage the services of qualified counsel to investigate your application and perhaps file a Writ of Mandamus.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may apply for citizenship in four years and nine months since you became a conditional permanent resident, assuming you otherwise meet requirements for naturalization, including physical/continuous presence, good moral character, and other requirements. However, your case will not be adjudicated until your pending I-829 petition is adjudicated.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    In order to become a citizen of the United States, you must be in permanent resident status. Your permanent resident status commences upon the issuance of your conditional card. So the time that you spend as a conditional residence and during the pendency of your removal of condition, I-829, is time that counts to your five years for your citizenship application.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    All time spent as a conditional lawful permanent resident counts toward the five year requirement for naturalization. Under the U.S. immigration laws, a conditional lawful permanent resident has the same rights, privileges, and responsibilities as a lawful permanent resident (without condition), including the right to petition for certain relatives and the right to apply for naturalization. In order for your naturalization application to be approved, you must have removed the condition and met the other naturalization requirements (physical presence, good moral character, etc.).

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You may file four years and nine months from the date on your permanent resident card, which says "Resident Since;" however, the citizenship case will be held and adjudicated with the I-829.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Unfortunately, you have to wait until your I-829 is approved. Technically you can file now, but practically they will not approve until the I-829 is approved.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Thank you for your inquiry. Yes, the entire time in permanent resident status (beginning with the receipt of the conditional green card and including the removal of conditions period) counts towards the required five years. You can file four years and nine months from the receipt of your first green card, even if your I-829 is still pending at that time. Good luck!

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Correct. Your time during conditional permanent residence counts toward the requisite minimum of five years of permanent residence before applying for U.S. citizenship - that includes any and all time spent in conditional permanent residence, however long it may take USCIS to adjudicate the I-829.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Generally five years continuous residence from the date of conditional residence approval.

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