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How can I apply for citizenship while my I-829 has been pending for over five years?

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?

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Answers

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    No, you are not eligible for naturalization unless your I-829 is approved.

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    Robert West

    Immigration Attorney
    Answered on

    You are, but the conditions must be removed for you to be approved.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    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.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    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.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    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.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    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.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    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.