I have held a conditional residency card for nearly five years. My I-829 application has been awaiting processing for three years. Am I still eligible to apply for citizenship now that I have reached my fifth year as a conditional resident?
Answers
Lynne Feldman
EB-5 Immigration attorneysYou can file the N-400 but they won’t adjudicate until the I-829 is approved. They likely will schedule a combo interview, which is fine.
A Olusanjo Omoniyi
EB-5 Immigration attorneysNo, you won't be able to apply. Your I-829, permanent immigrant application, must be approved before you can proceed. There is a possibility that your I-829 may still be denied for a host of reasons.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysYes, you can apply for citizenship while your I-829 is pending. However, it will be adjudicated only with or after I-829 is approved.
Renata Duarte
EB-5 Immigration attorneysYes, you can file Form N-400 (Application for Naturalization) once you meet the usual requirements, including five years of lawful permanent residence, even if your I-829 hasn’t been adjudicated yet. Time spent as a conditional permanent resident counts toward the five-year requirement. However, USCIS will not approve your naturalization until your I‑829 is approved.
Natalia Morozova
EB-5 Immigration attorneysYou must first receive approval for the removal of conditions of residence and can then apply for citizenship. Best of luck!
Ying Lu
EB-5 Immigration attorneysYes, you can apply for citizenship. However, USCIS may not adjudicate that application until the I-829 is approved.
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