I have been in the U.S. for almost five years. My family has been waiting on the removal of conditions on our EB-5 green cards for about three years now. Can I and my family apply for citizenship now and hopefully bypass the wait for the removal of conditions, or do we have to wait for a permanent green card before we can apply? I also married a U.S. citizen last year. Would it be more efficient (or possible) for me to apply for citizenship through my spouse or should I wait for the removal of conditions?
A foreign national must be a U.S. permanent resident for five years before the foreign national can apply to become a naturalized U.S. citizen. Time spent as a conditional U.S. permanent resident counts toward this five year requirement.
You cannot bypass the removal of conditions - USCIS will not approve the naturalization application until the conditions have been removed. We have seen naturalization applications denied because of the fact the conditions have not been removed. In one or two cases they adjudicated the I-829s. But generally, we are advising that unreasonable delay clients must first get adjudication either by filing a mandamus action or by waiting for adjudication of the I-829.
You may file for citizenship 90 days before your five year anniversary from your Resident Since Date if otherwise eligible. They cannot adjudicate the N-400 without approving the I-829 but they often interview for both issues together. You cannot file through your spouse without abandoning your current green card.
You can file for citizenship upon the approval of your I-829 petition (assuming you have been a resident for at least 4 years and nine months). You cannot apply before the approval. If you are at all concerned with the approval of your I-829 petition, it makes sense to have a family-based green card petition on file as a backup.
Assuming you meet all naturalization requirements and your pending I-829 is approvable as filed, you may file for naturalization. It will not be decided until your I-829 is approved. Filing for naturalization forces USCIS to consolidate your N-400 and I-829 and move your I-829 processing along. We have helped clients get their I-829 approved and get citizenship this way. Hire an experienced immigration attorney to handle your case.
You can apply for citizenship but not bypass I-829 adjudication.
