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Questions and Answers > EB-5 Forms

How can EB-5 investors apply for naturalization?

For an EB-5 investor, does the period spent waiting for the adjudication of his or her I-829 application count towards the five-year residency requirement for naturalization?

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Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes. The period of conditional residence counts toward naturalization. USCIS'' position is that a conditional resident cannot be naturalized until the condition is removed.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Yes, it does. You are eligible for naturalization five years after becoming a conditional permanent residency.

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    Charles Foster

    Immigration Attorney
    Answered on

    The five year period commences the day you acquire your conditional lawful permanent residency.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes, it does. But most USCIS officers will not adjudicate the naturalization application until the conditions are removed. But filing for naturalization can speed that up.

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    Robert West

    Immigration Attorney
    Answered on

    Yes, the period starts to run once granted conditional residency.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Yes, the adjudication period does count toward your residency period for naturalization. However, you will not qualify for naturalization until your i-829 is granted.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, it applies, and if you have 57 months of residence, of which 30 has to be in the U.S., you can apply. As a practical matter, USCIS will not approve your naturalization application until the I-829 is approved, but it can sometimes prompt an approval.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, it does. You may apply for naturalization four years and nine months from the date that conditional residence was approved but citizenship would not be granted unless the I-829 is approved.