+1-800-997-1228
Questions & Answers

How can I apply for citizenship while my I-829 is pending?

I am an EB-5 investor and am waiting for the approval of my I-829. It has been three years since I submitted the I-829 application. It will be my five-year anniversary as a permanent resident, including two years as a conditional permanent residenct plus three years of my pending I-829. Can I apply for citizenship? If not, when will I be eligible for naturalization?

Answers

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    Your five years as a conditional permanent resident can be used to satisfy the requirement of five years as a permanent resident, which is required for naturalization. However, you cannot apply for naturalization until after you have become an unconditional permanent resident.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    You can file your N-400 but it will not be adjudicated until your I-829 is approved.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You can only apply for citizenship (naturalization) after your I-829 is approved. Since your I-829 is still pending, you are still a conditional permanent resident.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    If you have been here for five years since you acquired your lawful permanent residency on a conditional basis, you have spent the majority of your time in the U.S., you were never out of the U.S. for more than six months and have no record of convictions, you should go ahead and file your N400 application for naturalization, recognizing it will take a year or longer for you to be scheduled for your interview. Hopefully by that time, your I-829 application will be approved.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    You may not apply for citizenship until your I-829 is approved. For any conditional resident, you could only become a citizen after the condition has been removed from your residency status. Until then, you are not a permanent resident, only conditional. After the condition is removed, you may count the years while you were a conditional resident to be able to get to the five-year eligibility for citizenship application.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, just file the N-400 with a copy of the I-829 receipt.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can apply for citizenship, but the policy of USCIS is not to approve until the I-829 is approved.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    The I-829 petition for removal of conditional permanent residence before you can apply for naturalization.

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.