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How can I get the time spent waiting for an I-485 to be approved count towards the 5-year citizenship requirement?

Since the adjudication of EB-5-based I-485 now takes several years to process, does this period of time count towards the citizenship requirement?

Answers

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The I-485 processing/pending time cannot be counted toward the five-year permanent residency requirement.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Not the I-485 time, but once you get the conditional residency (I assume you're talking about the EB-5 process here), and you are waiting several years for the removal of conditions to be approved, I would definitely try to file for citizenship as the five-year anniversary of the CPR approaches.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    I am afraid not. The clock starts once you obtain your conditional permanent residency. Keep in mind though, that simply fulfilling the five years is not enough. You also have to pass the continuous residency requirement. A trip abroad that is less than six months will not disrupt continuous residency.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You cannot, which is why it is better to consular process now that we seeing bigger delays with adjustment cases.

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    Charles Foster

    Immigration Attorney
    Answered on

    You cannot count the time you were waiting for the adjudication of your application for adjustment of status toward the five-year residency requirement for U.S. citizenship. The five years will start only after your application for adjustment of status is approved and you have become a lawful permanent resident of the U.S. on a conditional basis, based upon the approval of your EB-5 petition on Form I-526.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, the period of time spent waiting for I-485 processing is usually counted toward the citizenship residency requirement. Make sure you remain in the U.S. Otherwise, if you need to go out for extended period of time, file Form I-131 to make sure your I-485 is not considered abandoned.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You cannot count time during which your I-485 is pending toward U.S. citizenship requirements. You count time from the date you are granted conditional permanent resident status (date your conditional green card is issued) toward the five-year period. You may file N-400 within 90 days before the five-year period ends, assuming you are otherwise qualified to naturalize.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You cannot.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    That is a wonderful idea, but no, it does not. Your CPR "start date" will be the date I-485 is approved.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    You cannot. The five-year for citizenship starts when you receive your green card.

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