When am I eligible to apply for U.S. citizenship as an EB-5 investor? - EB5Investors.com

When am I eligible to apply for U.S. citizenship as an EB-5 investor?

According to USCIS’ website, it currently takes over three years for an I-829 to get approved. I have also heard that one can apply for U.S. citizenship five years after becoming a conditional permanent resident. Since the two-year conditional permanent residency plus three-year I-829 processing time is more than five years, does it mean I can apply for U.S. citizenship even before my I-829 is approved? If not, can I start applying for U.S. citizenship right after I get my I-829 approval?

Answers

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

You are eligible to apply once you meet the naturalization requirements, whether your I-829 is approved or not. It might be better, however, to wait until your I-829 is approved, since USCIS takes the position that it cannot approve your naturalization application until the condition is removed (I-829 approved).

Barbara Suri

Barbara Suri

Immigration Attorneys
Answered on

If you are qualifying for citizenship under your EB-5 green card, you will need a minimum of five years in resident status. Even if you apply at five years, you will not be made a citizen until the condition is lifted.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

Yes, one can apply to become a naturalized citizen of the United States, five years from the date they became a conditional lawful permanent resident of the U.S. Yes, technically, you could apply for U.S. citizenship even before your I-829 petition is approved.

Marko Issever

Marko Issever

EB-5 Broker Dealers
Answered on

Good question. Once you have fulfilled your residency requirement counting from the conditional permanent residency five years, you can apply 90 days before the end of the five-year period. You will not be approved, however, until your I-829 is adjudicated.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

I would try filing before I-829 approval. If anything, USCIS will probably just hold the N-400 until I-829 approval, but at least you got it in queue!

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

No, you cannot apply for naturalization to U.S. citizen until the I-829 is approved and the condition is removed from your permanent residency.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

You can&#39t apply for naturalization until your I-829 has been approved. Generally, you can apply for naturalization if you have been a permanent resident for five years if you meet other accompanying requirements. Consult an immigration attorney for proper calculation of your residency status and other requirements.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

USCIS will not approve your naturalization until the I-829 is approved, so in many cases by the time the I-829 is approved, you have the four years and nine months of residence needed to file.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Yes, you may apply for U.S. citizenship four years and nine months after grant of conditional residence even if the I-829 is pending. However, citizenship will not be approved until the I-829 is approved.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

Yes, you can apply even before I-829 is approved, but a pending I-829 will complicate the process; its adjudication is generally required before one&#39s N400 is approved.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

You may apply for citizenship within the 90-day window before the five-year expiration of your LPR, assuming you meet all requirements to file N-400. You count the five-year period from the date your conditional green card is issued. USCIS will not adjudicate your N-400 until I-829 is approved and conditions are removed.

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