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?
Answers
Fredrick W Voigtmann
EB-5 Immigration attorneysYes. The period of conditional residence counts toward naturalization. USCIS'' position is that a conditional resident cannot be naturalized until the condition is removed.
Lynne Feldman
EB-5 Immigration attorneysYes, 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.
Bernard P Wolfsdorf
EB-5 Immigration attorneysYes, 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.
Vaughan de Kirby
EB-5 Immigration attorneysYes, the adjudication period does count toward your residency period for naturalization. However, you will not qualify for naturalization until your i-829 is granted.
Dale Schwartz
EB-5 Immigration attorneysYes, 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.
Robert West
EB-5 Immigration attorneysYes, the period starts to run once granted conditional residency.
Charles Foster
EB-5 Immigration attorneysThe five year period commences the day you acquire your conditional lawful permanent residency.
Belma Demirovic Chinchoy
EB-5 Immigration attorneysYes, it does. You are eligible for naturalization five years after becoming a conditional permanent residency.
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