How can an EB-5 green card holder obtain United States citizenship with a pending I-829? - EB5Investors.com

How can an EB-5 green card holder obtain United States citizenship with a pending I-829?

My family and I (23-year-old daughter and 26-year-old son) have our EB-5 I-829s pending. We had N-400 interview a few days ago. Me and my daughter passed the interviews, but were told we can get the citizenship after our I-829s are approved. My son passed the interview, had the ceremony on the same day and got his certificate of naturalization. It means that he became a United States citizen with his I-829 pending. I do not know how this happened. On his USCIS account, his status first changed to “oath ceremony is cancelled” on the day he passed his interview, and then to “oath ceremony was mailed May 20, 2023.” We are so confused and do not know what to expect. Is this normal? Do we need to take any action?

Answers

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Your son should not be naturalized until the I-829 is approved so I would report the error to USCIS.

Joseph Barnett

Joseph Barnett

Immigration Attorneys
Answered on

This is unfortunately becoming more common with long I-829 processing times and shorter N-400 processing times. One option could be to litigate the delayed I-829 adjudication.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

The N-400 should not be approved until I-829 is approved. You may have to push for I-829 adjudication through federal action.

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