How can I apply for citizenship while my I-829 is pending? - EB5Investors.com

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

Daniel A Zeft

Daniel A Zeft

Find an EB-5 Visa Lawyer: 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.

Julia Roussinova

Julia Roussinova

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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

Charles Foster

Charles Foster

Find an EB-5 Visa Lawyer: 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.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Find an EB-5 Visa Lawyer: 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.

BoBi Ahn

BoBi Ahn

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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

Salvatore Picataggio

Salvatore Picataggio

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

That is becoming an interesting and more common issue many EB-5 investors are facing. Current USCIS policy requires conditions to be removed before being eligible for naturalization.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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

Jinhee Wilde

Jinhee Wilde

Find an EB-5 Visa Lawyer: 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.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.