With so much delay in EB-5 I-829 processing times, at what point does an EB-5 applicant get to apply for a U.S. passport? If they spend many years waiting for a permanent green card, does that count towards it? Is this only an option after the permanent green card is obtained?
Assuming all eligibility requirements are met, an EB-5 investor may apply for naturalization in 4 years and 9 months from the date the conditional 2-year green card was issued. If you have a pending I-829 and it is approvable as filed, USCIS will consolidate cases and adjudicate I-829 first before it can adjudicate N-400. Hire an experienced immigration attorney to evaluate your eligibility and help you.
An EB-5 investor can apply to become a naturalized U.S. citizen after he or she has been a U.S. permanent resident for 5 years. Time as a conditional permanent resident can be used to satisfy the requirement of 5 years as a U.S. permanent resident.
They can apply after 57 months of residence but the I-829 must be approved first.
You may file whenever you are eligible even if the I-829 is pending (but not if it was denied.)
Naturalization can only be approved for an unconditional permanent resident. A few exceptions exist, although they apply primarily to conditional residence via marriage, not investment. It may be possible to apply for naturalization prior to obtaining unconditional permanent residence, but USCIS is likely to suspend adjudication until the conditions have been lifted. The good news is, you may count the time spent inside the USA on conditional residence towards the naturalization requirements, just as you could with unconditional residence.
In order to apply for naturalization you will need to have accumulated a minimum of 4 years and nine months of conditional residence and have your I-829 approved. There are also continuous residence and physical presence requirements to comply with as well.
The applicant can apply for U.S. citizenship 5 years after having the green card (even the conditional one). In other words, the applicant has to have the green card for starting counting the time towards citizenship.
You can lodge your naturalization application as early as 90 days before the 5-year anniversary of the first day of your U.S. residency (the start date on your conditional green card). So you can file the naturalization application while you have a pending Form I-829, but they will not actually grant the citizenship until the I-829 has been approved.
