I obtained my conditional permanent residency through the EB-5 program in March 2018 and filed my I-829 petition to remove conditions in December 2019, which is still pending. I’ve been married to a U.S. citizen for 2.5 years. With the adjudication of my I-829 continuously getting delayed, my spouse and I are exploring alternative paths to secure my citizenship. I can apply for naturalization under the general 5-year permanent resident provision and the “spouse of a U.S. citizen” category. I have a few questions:
Processing Times: Is there a significant difference in how quickly naturalization applications are adjudicated between these two categories? Would applying under the “spouse of a U.S. citizen” category potentially result in a faster naturalization process than the 5-year rule?
Impact of Pending I-829: Are there any potential implications of my pending I-829 on my naturalization application? Specifically, would applying under the “spouse of a U.S. citizen” category help mitigate any issues arising from the pending I-829?
Our goal is to minimize delays and navigate any potential complications effectively. I want to ensure I choose the best path forward to achieve citizenship as efficiently as possible.
Any insights or advice on this matter would be greatly appreciated.
Answers
Yuliya Veremiyenko-Campos
Find EB-5 Visa Lawyers: Immigration Attorneys DirectoryYou can apply for naturalization under the “spouse of USC” category within 90 days before you meet the 3-year continuous residence requirement. You must have lived in a marital union with your citizen spouse for at least 3 years at the time of application. Applying for naturalization under the “spouse of USC” category allows you to file 2 years earlier than the regular application. However, your naturalization application will not be adjudicated until your conditions have been removed (i.e., I-829 is approved).
Lynne Feldman
Find EB-5 Visa Lawyers: Immigration Attorneys DirectoryEither naturalization will be the same. They have to approve the I-829 first for you to be eligible but often they can adjudicate together. If the I-829 is solid, then no reason not to file.
Tammy Fox-Isicoff
Find EB-5 Visa Lawyers: Immigration Attorneys DirectoryYou cannot file, but it won't be adjudicated until the I-829 is.
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