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
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyI think if you bring documentation to show what you indicate here you should be fine. The requirement is time in PR status.
Barbara Suri
Find an EB-5 Visa Lawyer: Immigration AttorneyFor 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.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThe 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.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.