I am an Indian, I applied for I 526 back in 2015 and was approved in 2018. I then applied for
I-829 in February 2020 and submitted biometrics in June due to Covid delays. My 1 1/2 year extension of green card expired and I reapplied for a 1 year extension in October 2021. I am planning to apply for N-400 in May 2023 which would be 5 years since I received the conditional green card. When can I expect a decision on my I 829 application? Can I apply for N-400 without a decision on my I-829?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyProcessing Times (uscis.gov) 39-72 months. I know they will accept the N-400 when an I-751 is pending. I do not know if they will accept this with a pending I-829 as that is adjudicated by a different office than the one adjudicating the N-400.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can apply to naturalize but as a practical matter USCIS will not approve your naturalization application until the I-829 is adjudicated. Unfortunately, the I-829 processing has become absurdly long with many cases taking 3-4 or more years. In some instances, the N-400 filing has actually helped speed up the I-829 adjudication but sadly, in most cases, the applicant has to file a mandamus action to get timely adjudication.
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyMy understanding is that yes, you can, but it may be held until there is a decision on the I-829, which is looking at several years for processing.
Julia Roussinova
Find an EB-5 Visa Lawyer: Immigration AttorneyAssuming you meet all naturalization requirements, you may file your N-400 with a copy of I-829 receipt but N-400 will not be decided until your I-829 is approved. Filing of N-400 may potentially have USCIS consolidate your N-400 and I-829 and move your I-829 processing along. Unfortunately, I-829 processing times are very long currently. Hire an experienced immigration attorney to handle your case.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyGenerally speaking, yes. However, talk to your attorney as filing N-400 will force adjudication of I-829 (you need to be sure it is approvable).
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