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How can I apply for U.S. citizenship with a conditional green card?

I just submitted my I-829 application as a conditional green card holder. Given that the current I-829 processing time is three to four years, I will be a conditional permanent resident for over five years when my I-829 gets approved. Can I apply for citizenship when I reach the fifth anniversary of my conditional permanent residency before my I-829 gets approved? If not, when can I apply for citizenship?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    You may file in four years and nine months from the date of your conditional green card, even if your I-829 is pending. USCIS will not adjudicate N-400 until your I-829 is adjudicated and approved.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I'd try it! They may hold it until the I-829 is approved, but at least you could already get in line.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You may apply for citizenship after you have been a permanent (or conditional) resident for four years and nine months, provided you have spent at least half of the time physically present in the U.S. with no breaks greater than 180 days, have 90 days residency in the state in which you are applying, and have no issues reflecting on your good moral character.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Yes, you can. Once you have fulfilled your residency requirement, counting from the conditional permanent residency five years, you can apply for naturalization 90 days before the end of the five years. However, until USCIS adjudicates your I-829, they will not approve your naturalization either.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    Yes, immigration laws permit that you file citizenship if you have reached five years of residency (albeit, the I-829 is pending). However, USCIS will likely hold adjudication of the citizenship until the I-829 is approved.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You can apply for citizenship when you have had your conditional green card for five years. Actually, you can apply three months earlier than that. If your inductions have not yet been removed by the time you go in for your citizenship interview, they are supposed to rule on the removal application at the same time.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, you can apply for naturalization on the fifth anniversary, but your application approval could be delayed until the I-829 petition is approved.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can apply, but as a matter of policy the application will not be approved until your I-829 is approved.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, one cannot apply for naturalization with just a conditional green card. The rule is that you must possess a permanent green card. In your circumstance, if indeed it takes over five years at the time your I-829 is approved, just simply file for naturalization immediately after you receive approval. If for any reason you file for naturalization while your I-829 is pending, if the I-829 is denied, then your naturalization will also be eventually denied. Advisably, consult your immigration attorney for further analysis.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Yes. On the fifth anniversary, 90 days prior to the fifth anniversary, you can apply for your citizenship even if the I-829 is still pending.

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