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How would a past EB-5 I-829 I withdrew affect my upcoming citizenship by naturalization?

Would a conditional resident who gave up a pending EB-5 I-829 and adjusted status subsequently through marriage have trouble at naturalization? I used to be a dependent on a pending I-829, and I filed an I-485 and I-130 after getting married to a U.S. citizen. Then I withdrew from the I-829 and had USCIS confirm my conditional status terminated. I went to my I-485 interview and got my 10-year green card approved through marriage. Now I am about to naturalize, and I know they will review my whole file. Would I run into problems because technically when I filed the I-485 I was still a conditional resident?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You should have surrendered your conditional status prior to applying for adjustment and it is easier to do that via consular processing. If you had let your conditional status expire by not filing the I-829, then you could argue that it had terminated already and applied to adjust under Matter of Stockwell.

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    Ed Beshara

    Immigration Attorney
    Answered on

    You are eligible to obtain naturalization through your residency based upon marriage.

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    Barbara Suri

    Immigration Attorney
    Answered on

    Under the circumstances you described, your naturalization application will not be affected.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    As long as conditional status was properly abandoned before adjusting through marriage case, then should be fine.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    The naturalization process opens up a full inquiry into your permanent resident status, however, based on the information you provided, your I-829 withdrawal should not affect your N-400 processing.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    That alone should not cause any issues in your naturalization application.