+1-800-997-1228
Questions & Answers

When does the “5-year path to citizenship” in the EB-5 Program start?

After the I-526 and DS-260/I-485, do the 2 years on conditional green card count towards the 5-year path to citizenship? Or does the 5-year path only begin after the approval of the I-829?

Answers

  • Avatar

    Anthony Korda

    Immigration Attorney
    Answered on

    The 5-year period includes the 2-year conditional residence period, provided the other requirements, such as presence in the U.S., are met.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    The requirement to become a naturalized citizen of the United States of 5 years of residency (half of which must be physically in the U.S.) commences when the foreign national obtains conditional Lawful Permanent Residence. That would be the day the individual is admitted to the United States after the issuance of the immigrant visa or after the applicant's Application for Adjustment of Status within the U.S. has been approved. The 5 years does not begin after the approval of the I-829, but again after the approval of the admission to the U.S. as an immigrant or approval of the Application for Adjustment of Status.

  • Avatar

    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    Your first instinct is correct: the required period of residence for applying for naturalization begins upon your admission as a conditional permanent resident. Depending on your eligibility, you may be able to apply for naturalization to become a U.S. citizen during a 90-day period before you reach 5 years.

  • Avatar

    Ting Geng

    Immigration Attorney
    Answered on

    The 5-year path to citizenship starts on the date EB-5 investor obtains his/her temporary green card, which means the date the Investor enters in the U.S. with a valid immigrant visa or the date his/her I-485 is approved. Therefore, the 5-year path begins much earlier than the approval of the I-829.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The two years of conditional residence count toward the five-year requirement for naturalization. Keep in mind, though, that the condition must be removed prior to approval of the naturalization application.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    Time spent in conditional resident status counts toward the citizenship requirements.

  • Avatar

    Mitch Wexler

    Immigration Attorney
    Answered on

    The 5-year clock for naturalization purposes starts ticking on the first day of conditional green card status. The clock is only 3 years if you become the spouse of a US citizen in the interim.

  • Avatar

    Sarah A Schroeder

    Immigration Attorney
    Answered on

    Yes, the two-year conditional green card period counts towards the 5-year residency requirement.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    It starts the day you get your conditional green card.

  • Avatar

    Yazen Abdin

    Immigration Attorney
    Answered on

    The two years of conditional residency count towards the 5-year path to citizenship. You DO NOT have to wait for the I-829 approval.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    The conditional green card period counts towards the 5-year path to citizenship, but you can only apply for citizenship after I-829 removal of conditions is approved. Depending on the length of the adjudication of the I-829, you may be able to apply within a year or almost immediately after its approval. Make sure that you have spent at least 30 months out of the 5-year residency period physically present in the U.S. to be eligible for citizenship applications (N-400).

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    It includes the two-year period that the investor is a CPR.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    The 5-year path begins the day the immigrant enters the U.S. (or, if already in the U.S., when the I-485 is approved). You may apply for citizenship 90 days before the 5-year anniversary.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, the 2-year conditional permanent resident period counts toward the 5 years of lawful permanent residence required for filing your U.S. Citizenship. In other words, after your I-526 and DS/260/I-485 is approved, the clock starts running for the 5 years.

  • Avatar

    Matthew T Galati

    Immigration Attorney
    Answered on

    The two-year period DOES count towards qualifying for citizenship.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The 5-year path to citizenship starts upon issuance of the conditional two-year green card. However, USCIS will not approve the naturalization application until the I-829 is approved. In some cases, they will expedite the I-829 adjudication, so we recommend filing for naturalization at exactly 57 months for EB-5 cases. It can speed up I-829 adjudication in many cases.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.