Questions and Answers > EB-5 Forms

What to expect if a naturalization interview has been scheduled while the EB-5 I-829 is still pending?

I have a pending EB-5 I-829. Six months ago, I applied for an N-400 as I have already lived in the USA for five years. Recently, my N-400 status was changed into "interview is scheduled." How is this possible? What should I expect?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on May 1, 2023

  USCIS may interview you but they do not approve naturalization applications until the I-829 is approved.

• Julia Roussinova

  Immigration Attorney

  Answered on March 27, 2023

  USCIS will adjudicate your I-829 before they can naturalize you if you pass the N-400 interview. They may schedule you for an oath ceremony separately.

• Lynne Feldman

  Immigration Attorney

  Answered on March 24, 2023

  Typically with an I-751 and naturalization, they handle both interviews at the same time, so be prepared for both - not sure if the local office has the expertise to do this with an I-829. They cannot adjudicate the N-400 until the I-829 is approved.

• Kevin Michael Tracy

  Immigration Attorney

  Answered on March 24, 2023

  When you go to the interview, the officer will do the naturalization process with you; review N-400 application, give you the test, and if you pass, he or she will hold off on the approval until the I-829 is approved. He or she might check with Service Center to find out how long the process will take.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on March 23, 2023

  This is the proper procedure. Assuming you pass the interview, the officer will tell you they cannot adjudicate the N-400 until I-829 has been adjudicated. Then you need to solve the I-829 adjudication.