Citizenship Question

[venusfire503 54]

Hey everyone

I have a question. My wife and I just sent the petition for removal of conditions to get her ten year greencard. I understand you can apply for citizenship after being married for three years which will be next may. I assume she should recieve her 10 year greencard by then but if not can she apply for her citezenship come may? Or do you have to recieve your 10 year greencard first. Also I am curious to what reasons people think is an advantage over being a citizen vs being a permenant resident? The only things I can think of is social security and being able to vote.

Thanks

Corey

One thing I didn't see addressed in the responses (I could've missed it...) is your question about if she has to receive her 10 year green card before applying for citizenship. She does need to apply for her 10 year card (if she wants to stay in the country legally), but it's possible the card won't arrive before she can apply for citizenship. If I remember correctly, you can apply for citizenship as long as you've applied for your 10 year card (on time). I think the citizenship application pushes through the 10 year card application. I know people get irritated paying so much for a ten year card that they really never use, but it's a necessary step in the process. It would be a good idea anyway, since you never know what could happen - some people end up not being able to apply at the three year (minus 90 day) mark for whatever reason. Anyway, it's necessary whether you will end up applying for citizenship or not, or whether you get the card before applying for citizenship or not.

Best of luck

venusfire

[NickD 202]

One thing I didn't see addressed in the responses (I could've missed it...) is your question about if she has to receive her 10 year green card before applying for citizenship. She does need to apply for her 10 year card (if she wants to stay in the country legally), but it's possible the card won't arrive before she can apply for citizenship. If I remember correctly, you can apply for citizenship as long as you've applied for your 10 year card (on time). I think the citizenship application pushes through the 10 year card application. I know people get irritated paying so much for a ten year card that they really never use, but it's a necessary step in the process. It would be a good idea anyway, since you never know what could happen - some people end up not being able to apply at the three year (minus 90 day) mark for whatever reason. Anyway, it's necessary whether you will end up applying for citizenship or not, or whether you get the card before applying for citizenship or not.

Best of luck

venusfire

01/22/2009-is the date their Green Card was Approved but isn't the date of becoming a LPR necessarily. But assuming that was the date or close to it, it will expire 01/22/2011, Monday, October 25, 2010 should be the day they send in their I-751.

That is only ten days away from now, so they better get started, while it may only take an hour or so to fill out the I-751, it takes time to gather and copy all the evidence they require. And I believe the USCIS still wants those letters of affidavit.

Earliest date for applying for US citizenship would be around October 25, 2011, there is no way of getting around the I-751, OP has too nice of a wife to lose, so did I, so we got the I-751 at the earliest possible date.

[Brother Hesekiel 2,235]

One thing I do not know, does the USCIS sent you a reminder to renew your ten year card? Or do they just deport you if you forget? Do you have to send in more evidence or just money? But can bet it would be another long trip for biometrics. Use to be a permanent resident card until about 20 years ago, but now, just a ten year card. So why don't they just call it a lawful resident card, it sure ain't permanent.

Nick,

Unlike the 2-year card, where a condition is attached to the residency, the 10-year card is unconditional. Whereas the residency expires when the 2-year card expires, the residency of an (unconditional) PR is not linked to the GC. The card is just the document, just like the US citizen remains a USC when his passport expires.

I personally have 2 friends with GCs that have expired many years ago. They just don't renew 'em now because the don't have the money. There is no fine, no extra fee or cost involved. The price for a renewal is always the same.

As you may know, some people still have GCs that have no expiration date. That used to be the "normal" case. Only the implementation of machine-readable cards, biometrics, and the desire to make money, changed that.

[NickD 202]

Nick,

Unlike the 2-year card, where a condition is attached to the residency, the 10-year card is unconditional. Whereas the residency expires when the 2-year card expires, the residency of an (unconditional) PR is not linked to the GC. The card is just the document, just like the US citizen remains a USC when his passport expires.

I personally have 2 friends with GCs that have expired many years ago. They just don't renew 'em now because the don't have the money. There is no fine, no extra fee or cost involved. The price for a renewal is always the same.

As you may know, some people still have GCs that have no expiration date. That used to be the "normal" case. Only the implementation of machine-readable cards, biometrics, and the desire to make money, changed that.

Would hate to explain that if applying for citizenship. Legally, cannot work nor travel, in my state, can't renew a drivers' license. Yes you can get away with it as do some eleven million illegals here.

From the USCIS site:

"What the Law Says

Section 264 of the Immigration and Nationality Act (INA) states, "Every alien in the United States . . . shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations . . .." It also says, "Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him . . .. Any alien who fails to comply with [these provisions] shall be guilty of a misdemeanor ..." The specific requirements and procedures for applying to renew an expiring green card are contained in the Code of Federal Regulations [CFR] at 8 CFR section 264.5."

And this part of the law states in so many words, you can be deported, even your application for a renewed card is pending.

"Eligibility for a card while in deportation or exclusion proceedings. A person in exclusion proceedings shall be entitled to evidence of permanent resident status until ordered excluded. Such evidence shall be in the form of a temporary Form I–551 issued for a period sufficient to accomplish the exclusion proceedings. A person in deportation proceedings shall be entitled to evidence of permanent resident status until ordered deported or excluded. Issuance of an Permanent Resident Card to a person in exclusion or deportation proceedings, provided the person had status as a lawful permanent resident when the proceeding commenced, shall not affect those proceedings."

Realize there is a risk factor, question is, is the OP willing to take this risk? I wasn't, my wife is one in a million.

[Brother Hesekiel 2,235]

Any non US citizen can be deported, which is why US citizenship is so valuable. A LPR has always the sword of Domacles over his head. Sucks.

However, no lawful permanent resident will be deported because he failed to renew his Green Card in time. Before something like this happens, you will be able to watch having the immigration judge, the prosecutor, and the attorney having a menage a trois on the bench while the audience is cheering.

[Szilvia74 3]

Aside from voting and a chance to get a federal job, your wife will also be a U.S. Passport carrier, which the only passport in the world that doesn't need a visa to enter any country. Now staying in that country is a different story. But to just pack and bring your passport without thinking about getting a visa is wonderful.

That is silly! LOL. I wonder where did you get this info!