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Questions and Answers > EB-5 Investments

How can I apply for naturalization after my I-829 was denied?

My I-829 was denied. My appeal is pending with the board of immigrations. I have completed 7 years as CPR. I have no criminal record. I am living in the U.S. and have stayed in the U.S. for more than 30 months in the last 5 years. How can I apply for a permanent green card? Can I directly apply for naturalization?

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Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You can try, and the case may just be held until I-829 approval.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The only way for you to receive a permanent green card through your EB-5 case is for your I-829 to be approved, either through appeal or by an immigration judge in removal proceedings. You can apply for naturalization since you meet the requirements, but your naturalization application cannot be approved unless and until your I-829 petition is approved, and you receive your permanent green card.

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    Kevin Michael Tracy

    Immigration Attorney
    Answered on

    You must wait until the appeal is granted. Your conditional status has not been changed to Lawful Permanent Resident.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You cannot apply for naturalization unless your I-829 is approved. Therefore, you must wait until your appeal succeeds which will serve as basis for naturalization.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    What does your lawyer say?

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Unfortunately, no, the permanent residency must be granted before or at the same time as the naturalization.

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    Kristal Ozmun

    Immigration Attorney
    Answered on

    There is no appeal of an I-829 denial. I assume, you mean you will present the case again in immigration proceedings before a judge. You can receive I-551 stamps to give evidence of your CPR status until final resolution of your case in immigration court. You could apply for naturalization but it would not be adjudicated until a final decision is made on your I-829.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Legally, you are still a permanent resident, so technically, you can apply but current policy is not to approve unless the I-829 is approved. May have to challenge this in court.