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What precautions should I take before my naturalization interview based on both EB-5 and EB-3 green card categories?

I was on the pending EB-5 I-829 petition of my family as a dependent for over 10 years. I recently switched to EB-3 from my employer. I have been a permanent resident based on EB-3 for over a year. The time I spent as a permanent resident under both categories combined—including the time spent physically in the U.S.—qualifies me for N-400. I just received my interview notice for N-400 and I am wondering if there are additional documents I should bring, other than the I-551 stamps from my time as an EB-5 dependent. My original conditional green card from EB-5 was already taken away at the border a few years ago. Are there laws that I can print and cite in case the officer insists I have to be on the same green card category to qualify for naturalization?

Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    I think if you bring documentation to show what you indicate here you should be fine. The requirement is time in PR status.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The question is whether there was a break in the continuity of your residence. I think you will likely have a problem and may have to wait another qualifying period because you gave up your initial permanent residence to get a new one and most likely there was a gap.

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    Barbara Suri

    Immigration Attorney
    Answered on

    For naturalization, CIS will look to see whether or not you have been a PERMANENT resident for the last five years preceding the date of your application. It appears that you have been a CONDITIONAL resident, not a permanent resident on the EB-5 application.