How can EB-5 investors apply for naturalization? - EB5Investors.com

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?

Answers

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
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.

Vaughan de Kirby

Vaughan de Kirby

Immigration Attorneys
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.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
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.

Robert West

Robert West

Immigration Attorneys
Answered on

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

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

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

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

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

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