+1-800-997-1228
Questions & Answers

How can conditional green card holders apply for naturalization?

As a conditional green card holder with a pending I-829 application, can I apply for naturalization? If not, when will I be eligible for citizenship?

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can apply but it will not be approved until after the I-829 removal application is approved.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, a conditional green card holder cannot apply for naturalization. You must obtain a permanent green card before you can apply for naturalization. Generally, you must have been a green card holder for a minimum of five years (counting both periods for conditional and permanent residency together) before you can file for naturalization.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    You may file in four years and nine months from the date of your conditional green card, even if your I-829 is pending. USCIS will not adjudicate N-400 until your I-829 is adjudicated and approved.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Five years from the CPR issuance. I'd try it even if the removal of conditions is still pending.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    You can apply for naturalization five years after you obtain your conditional permanent residency, which will be the date on your card. You could file even with a pending I-829 application, although it may cause your application interview and/or swearing-in to be delayed until your conditions are removed.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    It seems you must wait until conditions are removed.

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    Among other things, you will need to have legal permanent residency status for at least five years. Good news is the two-year CPR stage counts toward the five-year requirement. At that point, provided you meet the continuous presence requirement and pass the citizenship test, you may be eligible or naturalization.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    If you meet all the requirements for Natz, but your I-829 has not been adjudicated, you can apply. The I-829 will have to be adjudicated before N-400 can be approved, but nonetheless apply.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    You can apply for naturalization after you have been a permanent resident for five years and when you can satisfy other requirements.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Yes, you can. Once you have fulfilled your residency requirement, counting from the conditional permanent residency five years, you can apply for naturalization 90 days before the end of the five years. However, until USCIS adjudicates your I-829, they will not approve your naturalization either.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You are eligible four years and nine months from the resident since date on your conditional green card. Even though you can file the citizenship will not be approved until the I-829 is approved. What they do in a similar situation with unadjudicated I-751s is to interview them both on the naturalization interview date.

  • Avatar

    Hassan Elkhalil

    Immigration Attorney
    Answered on

    No, you have to count five years from the date you received your conditional green card. You can file for your naturalization three months before the conditional green card fifth anniversary.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.