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Questions and Answers > EB-5 Investments

What is the timeline for an EB-5 investor to U.S. citizenship through naturalization?

I have heard that citizenship through naturalization requires 2,5 years of residency throughout a 5-year period. Does my residency count while I am on an EB-5 I-485 pending status? Or does the date start when I have received my temporary green card through EB-5?

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Answers

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    Barbara Suri

    Immigration Attorney
    Answered on

    Five years as of the date of residency as noted on the permanent green card. You must have resided a minimum of 30 months (2.5 years) in the U.S. during that period.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    To be eligible to naturalize, you have to start the five-year count at the time your conditional residence is approved, although you can file 90 days before at the 57-month mark. The law requires you to be physically present for at least 50% of the time, and generally have no absences over 6 months. Also, USCIS will not approve your application until the I-829 removal of conditions application has been approved.

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    Stephen Berman

    Immigration Attorney
    Answered on

    The five years start when you become a conditional, lawful permanent resident.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    The 5-year residency requirement for naturalization includes time spent as a conditional (2-year) green card holder. This time period begins when you receive your 2-year green card and does not include the time when your I-485 is pending adjudication.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    It will only count the time after you get your conditional green card. Further, if your I-829 is still pending at the time of your naturalization application, then USCIS will have to wait until your I-829 is approved before approving your N-400.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Residency requirements for citizenship start once you get the conditional residency. Then you need to comply with the following to file 4 years and 9 months after that date: to naturalize, you must have been a lawful permanent resident for at least five years you must have been living in the United States for the better half of the most recent five years, and you must show that you have been a person of good moral character during those five years and up until the time you become a U.S. citizen. (Certain criminal convictions and immigration violations within the most recent five years would prevent you from showing good moral character.)