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Can I apply for U.S. citizenship if my I-829 is pending?

I have had an EB-5-based green card for almost five years now. My I-829 has been pending for three years. Can I apply for citizenship if I have reached my fifth anniversary as a conditional green card holder?

Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, but it will not be approved until the I-829 is approved.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    No, the I-829 must be adjudicated before you are eligible to apply for citizenship.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, you can apply for U.S. citizenship, even with a pending I-829 petition. However, your application may not be approved until the I-829 petition is approved. There's no downside in applying at this time, if you otherwise meet the five-year residency and other requirements.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Yes, you can technically file for U.S. citizenship, but I am not sure what exactly you will be achieving. Your application will not be approved until your I-829 is approved first.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes, you can. They will consolidate the two files and review them together. At least that is the way it's supposed to work!

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    I prefer to wait. Because even if you meet the residency requirement and something goes wrong with your pending I-829, you will lose your citizenship filing fee and you may have to go the the process all over again. I will wait for the I-829 to be approved.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Assuming you meet all naturalization requirements, you should file your N-400 with a copy of I-829 receipt but N-400 will not be decided until your I-829 is approved. Filing of N-400 may potentially have USCIS move your I-829 processing along. Hire an experienced immigration attorney to handle your case.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can apply but your application will not be approved until after the I-829 is adjudicated, based on current policy.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Yes, you can file the N400 but the I-829 will have to be adjudicated first.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I'd sure as heck try! You've maintained your status (right? Of course you have!) so I would submit the paperwork. USCIS may hold it until the I-829 is approved, or they may at least proceed through an interview.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    Strategically, yes. You may be able to apply if otherwise eligible. If your I-829 has been pending that long, you may want to consider a mandamus action since your naturalization application cannot be granted until your I-829 is approved.

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