A Olusanjo Omoniyi
Immigration AttorneyNo, you are not eligible for naturalization unless your I-829 is approved.
My I-829 has been pending for five years. Every year, I go to the USCIS field office to get the 551 stamps and renew my status. I lived in the U.S continuously for more than five years. Am I eligible for citizenship now?
No, you are not eligible for naturalization unless your I-829 is approved.
You are, but the conditions must be removed for you to be approved.
You can apply to naturalize. The application will not be approved until the I-829 is approved but the naturalization application may speed up the I-829 adjudication.
You can file an N400 application assuming all other requirements are met. USCIS will adjudicate your I-829 prior to adjudicating the N400. If there are issues with the I-829, I would look into resolving those first. Filing of the N400 will force adjudication of the I-829 and you do not want to get a denial.
USCIS will probably accept the application, but they may hold off on the interview or approval until the I-829 is decided. This is still worth considering.
You are eligible to apply for naturalization if you meet the other requirements. Please note, however, that you will not be approved to become a naturalized U.S. citizen unless/until your I-829 is approved and the condition is removed.
Unfortunately, your I-829 has to be adjudicated before you are eligible to apply for U.S. citizenship. You may want to pursue a mandamus action if the delay is beyond reasonable time and due to no fault on your part.