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US Citizenship & Naturalization

When can I apply for U.S. citizenship after getting an EB‑5 green card?

After receiving your EB‑5 green card, you can apply for U.S. citizenship once you have held your green card for at least five years. During these five years, you must:

  • Have been physically present in the U.S. for at least 30 months
  • Maintain residence in the U.S.
  • Remain law-abiding
  • Demonstrate basic English and U.S. civics knowledge.

Meeting these requirements is essential before you can file your citizenship application (Form N‑400) with USCIS.

To maintain your green card, you need to show the U.S. as your primary residence. While there is no set number of days you must stay in the U.S. each year, spending more than 6 months consecutively outside the country could raise questions about your residency. To avoid issues:

  • Ensure your ties to the U.S., like a home or job, are strong.
  • If you must be away for longer, consider applying for a re-entry permit.
  • Regularly update your U.S. address with immigration authorities.

Maintaining your green card status means balancing time in the U.S. with any travel plans abroad.

No, you cannot apply for U.S. citizenship while your I-829 petition is still pending. The I-829 is the form you file to remove conditions on your green card after two years. You must first receive an approved I-829 and become a permanent resident before applying for citizenship. After your I-829 is approved, you generally need to wait for five years as a lawful permanent resident before you can apply for U.S. citizenship through naturalization.

To apply for U.S. citizenship, you must prepare several important documents:

  • Form N-400: This is the application for naturalization. Fill it out completely.
  • Permanent Resident Card (Green Card): Photocopy both sides.
  • Photos: Two passport-style photos, unless filing online.
  • Proof of Residence: Documents like utility bills or leases that show you’ve lived in the U.S.
  • Tax Documents: Past tax returns or payment evidence.
  • ID: A state-issued ID or driver’s license.
  • Evidence of Military Service: If applicable.
  • Marriage Certificate: If you’re applying based on marriage to a U.S. citizen.

Make sure all documents are current and correct to avoid delays in processing.

Whether you lose your home country citizenship when you become a U.S. citizen depends on the laws of your home country. The United States allows dual citizenship, meaning you can be both a U.S. citizen and a citizen of another country. However, some countries do not allow dual citizenship and may require you to give up their citizenship if you become a U.S. citizen. It’s important to check with your home country’s embassy or consulate to understand their rules before applying for U.S. citizenship.

If you’re applying for U.S. citizenship, you will need to take the naturalization test, which includes an English test and a civics test. The English test checks your ability to read, write, and speak basic English.

Here’s what to expect:

  • Reading: You’ll read aloud one out of three sentences.
  • Writing: Write one out of three sentences correctly.
  • Speaking: A USCIS officer will assess your English speaking during your interview.

There are some exceptions and waivers available for older applicants or those with certain medical conditions.

No, children do not automatically become U.S. citizens through the EB-5 Visa Program. However, when you, as an EB-5 investor, receive your green card, your dependent children (under 21 and unmarried) also receive green cards as your dependents. After holding their green cards for the required period (typically five years), they can apply for U.S. citizenship through naturalization, just like any other green card holder.
To qualify for U.S. naturalization, you need to meet the “physical presence” requirement. This means you must have been physically present in the U.S. for at least half of the 5 years leading up to your application. This roughly translates to being in the U.S. for at least 913 days out of those 5 years. It’s important to avoid long trips outside the U.S., as they might affect your physical presence requirement and your continuous residence. Staying informed about these requirements can help you plan accordingly and ensure you meet the standards for becoming a U.S. citizen.

The 5-year rule refers to the time a Green Card holder must wait before applying for U.S. citizenship. To qualify, you need:

  • A valid Green Card for 5 years
  • Continuous residence in the U.S. for 5 years prior to application
  • Physical presence in the U.S. for at least 30 months of those 5 years
  • Good moral character

If you meet these criteria, you can apply for naturalization, the process of becoming a U.S. citizen.

Yes, you can travel abroad during your U.S. citizenship process, but be cautious. Here are some key points to consider:

  • Naturalization Interview: Make sure you are available for any scheduled interviews or appointments. If you miss them, it could delay your process.
  • Re-Entry Permits: If you plan to be outside the U.S. for more than six months, consider applying for a re-entry permit to maintain your residency status.
  • Continuous Residency Requirement: Long trips might affect the continuous residency requirement, which is necessary for citizenship.
  • Notify USCIS: Keep your contact information up to date with USCIS in case there are changes or communications regarding your application.

After obtaining a green card via the EB-5 program, you can apply for U.S. citizenship through naturalization. Here’s a simple step-by-step guide:

  • Wait Time: You must have been a permanent resident for at least 5 years.
  • Physical Presence: You need to have lived in the U.S. for at least 30 months out of those 5 years.
  • Continuous Residence: Maintain continuous residence in the U.S.
  • Good Moral Character: Prove good moral character.
  • English and Civics Test: Pass an English language and U.S. civics test.
  • Application Fee: Pay the filing fee for Form N-400.
  • Interview: Attend an interview with a USCIS officer.

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