Becoming a U.S. citizen involves multiple steps, including holding a green card for a specific period. For many immigrants, this process begins with a conditional green card, which is a stepping stone to obtaining a permanent green card and, eventually, U.S. citizenship.
For EB-5 investors, a conditional green card is granted as part of the residency process through the EB-5 Immigrant Investor Program. Conditional green cards are valid for 2 years. The conditions that must be met during this period include creating at least 10 full-time jobs and maintaining the investment for at least 2 years.
After meeting the conditions, EB-5 investors can apply to have them removed, through Form I-829. You can file this form within 90 days of expiration of the 2-year condition green card. Once approved, a 10-year permanent green card is issued, which does not require further conditional filings. This card can be renewed indefinitely as long as the individual maintains their lawful permanent resident (LPR) status.
To qualify for U.S. citizenship through naturalization, you must meet various requirements. One critical factor is the duration of your lawful permanent residency. Most applicants, including EB-5 investors, must hold LPR status for at least 5 years before applying for citizenship. If you are married to a U.S. citizen and have been living with them continuously, you may qualify to apply after 3 years of LPR status.
Other critical considerations in the naturalization process include the following:
- Continuous Residence: You must have continuously resided in the U.S. for at least 5 years (or 3 years for those who are eligible spouses of U.S. citizens).
- Physical Presence: During the residency period, you must have been physically present in the U.S. for at least 30 months during the 5 years (or 18 months for eligible spouses during the 3 years).
- Good Moral Character: You must show good moral character during residency.
- Language and Civics Knowledge: You must pass the English and U.S. civics tests at the naturalization interview.
Here’s how the timeline might look for someone with a conditional green card:
- Year 0-2: Hold a 2-year conditional green card.
- Year 2-5: Hold a 10-year permanent green card after conditions are removed.
- After Year 5: Apply for U.S. citizenship through Form N-400 if all other requirements are met.
Understanding the transition from a 2-year conditional green card to a 10-year permanent green card is essential for anyone who wants to become a U.S. citizen. Both green cards play a critical role in establishing lawful permanent residency, which is crucial in qualifying for naturalization.
If you have any questions regarding the information above, please email us at rpatel@patellegal.com and jtrevino@patellegal.com.