For an EB-5 investor, does the period spent waiting for the adjudication of his or her I-829 application count towards the five-year residency requirement for naturalization?
Answers
Fredrick W Voigtmann
Immigration Attorneys DirectoryYes. The period of conditional residence counts toward naturalization. USCIS'' position is that a conditional resident cannot be naturalized until the condition is removed.
Lynne Feldman
Immigration Attorneys DirectoryYes, it does. You may apply for naturalization four years and nine months from the date that conditional residence was approved but citizenship would not be granted unless the I-829 is approved.
Bernard P Wolfsdorf
Immigration Attorneys DirectoryYes, it applies, and if you have 57 months of residence, of which 30 has to be in the U.S., you can apply. As a practical matter, USCIS will not approve your naturalization application until the I-829 is approved, but it can sometimes prompt an approval.
Vaughan de Kirby
Immigration Attorneys DirectoryYes, the adjudication period does count toward your residency period for naturalization. However, you will not qualify for naturalization until your i-829 is granted.
Dale Schwartz
Immigration Attorneys DirectoryYes, it does. But most USCIS officers will not adjudicate the naturalization application until the conditions are removed. But filing for naturalization can speed that up.
Robert West
Immigration Attorneys DirectoryYes, the period starts to run once granted conditional residency.
Charles Foster
Immigration Attorneys DirectoryThe five year period commences the day you acquire your conditional lawful permanent residency.
Belma Demirovic Chinchoy
Immigration Attorneys DirectoryYes, it does. You are eligible for naturalization five years after becoming a conditional permanent residency.
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