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
Bernard P Wolfsdorf
Immigration Attorneys DirectoryNeed to review the I-829 for legal sufficiency and we are having a lot of success filing mandamus actions for delayed I-829s. if you refile and surrender your EB-5 green card, you can apply abroad but you need to surrender the EB-5 based green card.
Andres Echevarria
Immigration Attorneys DirectoryProcessing Times:
• Generally, naturalization applications under the "spouse of a U.S. citizen" category (3-year rule) may be processed faster than those under the general 5-year permanent resident provision. This is because the 3-year rule is specifically designed to expedite the naturalization process for spouses of U.S. citizens. However, actual processing times can vary based on USCIS workload and other factors.
Impact of Pending I-829:
• A pending I-829 petition can impact your naturalization application. USCIS typically requires that the conditions on your permanent residency be removed before approving a naturalization application. This means that your I-829 petition must be adjudicated before or concurrently with your naturalization application.
• Applying under the "spouse of a U.S. citizen" category does not inherently mitigate issues arising from a pending I-829. However, USCIS may consolidate the review of your I-829 and N-400 applications, potentially streamlining the process if both are pending.
• It is crucial to ensure that your I-829 petition is resolved favorably to avoid complications in your naturalization process. If the I-829 is denied,
it could lead to termination of your conditional permanent resident status and impact your eligibility for naturalization.
Yuliya Veremiyenko-Campos
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
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
Immigration Attorneys DirectoryYou cannot file, but it won't be adjudicated until the I-829 is.
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