I have a pending I-829 while approaching the 3 year anniversary of my marriage to my U.S. citizen wife. Since I have just submitted my I-829 recently, I have reason to believe it’s going to take years till my case is adjudicated. Can I apply to be naturalized based on my marriage with my wife with a pending I-829? If not, can I give up my conditional green card I got through EB-5 and acquire a new green card based on my marriage and have the past 3 years count towards naturalization?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyWhile you can apply to be naturalized as a practical matter USCIS may even schedule your interview for naturalization, but USCIS policy has been to not approve the naturalization application until the I-829 is approved. So, if the I-829 is unreasonably delayed, you may be able to file a mandamus action, otherwise you have to wait.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyIt seems to me that no you cannot file for naturalization. The immigration officer who refused the naturalization application will have no idea how to process an EB-5 application. You could try to adjust based on your marriage.
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