Citizenship as a Conditional Resident possible?

[Pikku 0]

Hello everyone!

I am wondering if it is possible to apply for citizenship if you have been a conditional permanent resident for over 5 years??

A little more in depth: I received my Green card as a minor (I was 15), first I was given a resident VISA stamped on my passport (valid for 1 year), after a year I received a Green Card (with conditions) that would expire on a year as well.

I received my Resident status, because my mother married, and my stepdad adopted me, when they were doing my mom's process they had an awful lawyer, USCIS lost their documentation... and to make a long almost 10 year long journey short, USCIS thought they were a fraud and sent them to Immigration Court.

They spent a lot of time on court, and since my mom's process was pending, and I was a beneficiary of said process, and it was being investigated for fraud, my conditions were not removed, but since my mom and dad's process was not denied either, I was given a I-551 stamp for a year.

I went to an interview around 3 times, during these years , and took 4 rounds of bio metrics (1st paid, other 3 courtesy of USCIS) I went to all interviews with both my parents, (1st officer took my expired GC away from me, not having it with me has given me TONS of issues believe it or not) and they all said that when my mom's process was approved or denied my removal of condition will be as well, but that I would receive a stamp every year.

So, years go by, and FINALLY My mom's process was approved 2 YEARS ago! (yaaay!) , We Immediately went to USCIS for my case, and were told to wait, I call or go about every 6 months. Now I have been a perm resident (with conditions) for 6 years. I go get my little stamp every year, and I am always told that it is being reviewed, or that it's pending and I get a new stamp...

I was researching and read an USCIS article that mentioned that a conditional resident, could apply for Naturalization if they were a resident over 5 years.

I went to a lawyer and he told me that I should re-apply for conditions and wait 5 yrs MORE, but everything I have read around contradicts him.

Should I go forward and apply? I have all that is needed apparently.

Thank you, and sorry if it was too long! :<

[Penguin_ie 5,993]

So you have applied to remove conditions, but it is still pending?

If so, yes you can apply for naturalisation.

[amykathleen2005 441]

Hopefully the naturalization application will push them to do something about the removal of conditions app ASAP.

[Pikku 0]

Yep, I applied in time, but it was such a long time ago.

Thanks guys! I figured it's worth a shot to try it:D

[sasaqlain 24]

In short, if you have applied for removal of conditions, you are eligible to apply for citizenship. My suggestion would be to apply as soon as possible and in order for USCIS to process your N400 they will have to make a decision on your ROC. In fact, your naturalization process will expedite your PendingROC. Good luck!

[Steve D. 22]

As long as you qualify, why not.

I just took my oath a few days ago and my Roc is still pending after a year and half now.

[No-Where-Man 147]

This is sick to me, I do not think I would be patient with USCIS for that long long time, I am sorry for what happened.

All the members told you that you can apply for naturalization as long as you are eligible with your ROC pending.

Your mom and stepdad should have hired a good lawyer long time ago and get these application moving.

FYI: After your naturalization interview, they have 120 days MAX to approve/deny your petition, through that time (if they behaved the same with you), you need to make and document your efforts to make them work on your case, because if they did not, in this case you can take them to court which take your case from USCIS and deal with it (approve/deny)

So, good luck and be encouraged

Edited August 26, 2012 by no_where_man

[NigeriaorBust 4,087]

As long as more than 5 year -90 day have passed since the resident scince date on your green card and you haven't been out of country too long and you have lived in you current district for 3 months and all the other rules. Yes you can apply

[Chicagoguy 2 27]

Skip the lawyers.

[del-2-5-2014 1,339]

Skip the lawyers.

It's hilarious how folks recommend Lawyers willy nilly as if Lawyers are cheap.

[sib 7]

Pikku, you wrote that you were adopted by your step dad. Your step dad is US citizen? How old were you when you were adopted? What year were you adopted?

You might already be a US citizen!

Let us know and we can give you more information.

Sib

[Pikku 0]

Thank you everyone!

@Steve D: I am very glad you are done with USCIS!

@Sib Interesting! I had read something about it, but I thought I was not eligible for such a thing I will definitely look more into it! My dad is an US citizen, I was 15 and the year was 2005, so I got my Green Card, but then my mom's process was delayed... I will look into it Sib I might get lucky, Thank you!

Thank you everyone for your answers!