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
Lynne Feldman
Immigration attorneysYes, but it will not be approved until the I-829 is approved.
Marko Issever
EB-5 Broker DealersYes, 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.
Charles Foster
Immigration attorneysYes, 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.
BoBi Ahn
Immigration attorneysNo, the I-829 must be adjudicated before you are eligible to apply for citizenship.
Michael A Harris, Esq
Immigration attorneysStrategically, 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.
Salvatore Picataggio
Immigration attorneysI'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.
Belma Demirovic Chinchoy
Immigration attorneysYes, you can file the N400 but the I-829 will have to be adjudicated first.
Bernard P Wolfsdorf
Immigration attorneysYou can apply but your application will not be approved until after the I-829 is adjudicated, based on current policy.
Hassan Elkhalil
Immigration attorneysI 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.
Julia Roussinova
Immigration attorneysAssuming 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.
Dale Schwartz
Immigration attorneysYes, 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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