Questions & Answers

When does the period for continuous residence for naturalization begin?

I am a bit confused about when the period for continuous residence starts. Does time spent in the United States under the EB-5 conditional permanent residency count? Or does the clock start after the conditions have been removed?

Answers

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on June 1, 2016

  The term continuous residency is a legal term and it is a product of a host of factors. Generally, continuous residency begins once you obtain your green card and start living in the United States. However, and for example, other factors may affect the counting of continuous residency such as whether a resident has filed a parole document that allows him to stay out of the United States for a period. Typically, time spent on parole will be counted as if you continue to reside in the United States without any break. To get a better understanding on your plan, consult an immigration attorney on your plan if do you want to live outside the United States for awhile upon obtaining your green card.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on May 18, 2016

  Conditional lawful permanent residence is considered lawful permanent residence for all purposes, including the continuous residence period for naturalization.

• Barbara Suri

  Immigration Attorney

  Answered on May 17, 2016

  Residence for naturalization begins on the day your permanent resident status is approved (i.e. the Date of Admission as stated on your resident (green) card).

• Salvatore Picataggio

  Immigration Attorney

  Answered on May 17, 2016

  For this purpose, begin counting when you first entered the United States as a conditional permanent resident. Those two years count toward the five year period before naturalization, so it would follow that it also counts when determining presence.

• John J Downey

  Immigration Attorney

  Answered on May 17, 2016

  The time you have as a conditional permanent resident does count toward the five year requirement.

• Jinhee Wilde

  Immigration Attorney

  Answered on May 17, 2016

  Eligibility for citizenship starts when you become a permanent resident, and you may apply 4 years and 9 months after you become a permanent resident if you spent at least 50 percent of that time physically in the United States. Even though you may be a conditional resident, you are still a permanent resident under the EB-5 program. Thus, you count from the day arrived in the United States as a conditional resident to determine eligibility.

• Anthony Korda

  Immigration Attorney

  Answered on May 17, 2016

  The conditional residence period counts towards the period of residence required for U.S. citizenship.

• Richard A Gump, Jr

  Immigration Attorney

  Answered on May 17, 2016

  Thank you for your inquiry. The period of time for continuous residency needed for naturalization starts with the grant of the conditional residency. Conditional permanent residency grants all rights, privileges and obligations as a "full" permanent resident.

• Vaughan de Kirby

  Immigration Attorney

  Answered on May 17, 2016

  The period when you hold a "conditional" green card does count toward your requirements for residency for the purposes of naturalization.

• Louis M Piscopo

  Immigration Attorney

  Answered on May 17, 2016

  The period of continuous residence starts as of the date you receive your conditional permanent residence status (your initial "green card").

• BoBi Ahn

  Immigration Attorney

  Answered on May 17, 2016

  Yes, the time spent in the United States under conditional permanent residence counts toward the "residence" requirement for naturalization purposes.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on May 17, 2016

  The five year period starts from the time conditional permanent residence is approved; however, the I-829 has to be approved under current USCIS policy to be eligible to naturalize.

• Ian E Scott

  Immigration Attorney

  Answered on May 17, 2016

  The clock starts as soon as you get the green card even though it has conditions. You must wait five years to apply for citizenship.

• Raymond Lahoud

  Immigration Attorney

  Answered on May 17, 2016

  The period includes the time spent as a conditional lawful permanent resident.