How can I apply for citizenship while my I-829 has been pending for over five years? - EB5Investors.com

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?

Answers

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

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

BoBi Ahn

BoBi Ahn

Immigration Attorneys
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.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
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.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
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.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
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.

Robert West

Robert West

Immigration Attorneys
Answered on

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

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.