When does the “5-year path to citizenship” in the EB-5 Program start? - EB5Investors.com

When does the “5-year path to citizenship” in the EB-5 Program start?

After the I-526 and DS-260/I-485, do the 2 years on conditional green card count towards the 5-year path to citizenship? Or does the 5-year path only begin after the approval of the I-829?

Answers

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

The five-year residency requirement to apply for U.S. naturalization starts on the date the conditional permanent residency is approved.

Anthony Korda

Anthony Korda

Immigration Attorneys
Answered on

The 5-year period includes the 2-year conditional residence period, provided the other requirements, such as presence in the U.S., are met.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

The requirement to become a naturalized citizen of the United States of 5 years of residency (half of which must be physically in the U.S.) commences when the foreign national obtains conditional Lawful Permanent Residence. That would be the day the individual is admitted to the United States after the issuance of the immigrant visa or after the applicant's Application for Adjustment of Status within the U.S. has been approved. The 5 years does not begin after the approval of the I-829, but again after the approval of the admission to the U.S. as an immigrant or approval of the Application for Adjustment of Status.

Michael A Harris, Esq

Michael A Harris, Esq

Immigration Attorneys
Answered on

Your first instinct is correct: the required period of residence for applying for naturalization begins upon your admission as a conditional permanent resident. Depending on your eligibility, you may be able to apply for naturalization to become a U.S. citizen during a 90-day period before you reach 5 years.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

The two years of conditional residence count toward the five-year requirement for naturalization. Keep in mind, though, that the condition must be removed prior to approval of the naturalization application.

Ting Geng

Ting Geng

Immigration Attorneys
Answered on

The 5-year path to citizenship starts on the date EB-5 investor obtains his/her temporary green card, which means the date the Investor enters in the U.S. with a valid immigrant visa or the date his/her I-485 is approved. Therefore, the 5-year path begins much earlier than the approval of the I-829.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

Time spent in conditional resident status counts toward the citizenship requirements.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

It starts the day you get your conditional green card.

Sarah A Schroeder

Sarah A Schroeder

Immigration Attorneys
Answered on

Yes, the two-year conditional green card period counts towards the 5-year residency requirement.

Mitch Wexler

Mitch Wexler

Immigration Attorneys
Answered on

The 5-year clock for naturalization purposes starts ticking on the first day of conditional green card status. The clock is only 3 years if you become the spouse of a US citizen in the interim.

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
Answered on

The conditional green card period counts towards the 5-year path to citizenship, but you can only apply for citizenship after I-829 removal of conditions is approved. Depending on the length of the adjudication of the I-829, you may be able to apply within a year or almost immediately after its approval. Make sure that you have spent at least 30 months out of the 5-year residency period physically present in the U.S. to be eligible for citizenship applications (N-400).

Yazen Abdin

Yazen Abdin

Immigration Attorneys
Answered on

The two years of conditional residency count towards the 5-year path to citizenship. You DO NOT have to wait for the I-829 approval.

Phuong Le

Phuong Le

Immigration Attorneys
Answered on

It includes the two-year period that the investor is a CPR.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

The 5-year path to citizenship starts upon issuance of the conditional two-year green card. However, USCIS will not approve the naturalization application until the I-829 is approved. In some cases, they will expedite the I-829 adjudication, so we recommend filing for naturalization at exactly 57 months for EB-5 cases. It can speed up I-829 adjudication in many cases.

Matthew T Galati

Matthew T Galati

Immigration Attorneys
Answered on

The two-year period DOES count towards qualifying for citizenship.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

Yes, the 2-year conditional permanent resident period counts toward the 5 years of lawful permanent residence required for filing your U.S. Citizenship. In other words, after your I-526 and DS/260/I-485 is approved, the clock starts running for the 5 years.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

The 5-year path begins the day the immigrant enters the U.S. (or, if already in the U.S., when the I-485 is approved). You may apply for citizenship 90 days before the 5-year anniversary.

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