Apply fo Citizenship with Green card expire?

[nwctzn 55]

Not explicitly stated because it is assumed you must keep your green card current. You can neither work nor travel with an expired green card. Is a loophole, however, get your US citizenship certificate.

As a green card holder, always must keep the USCIS informed to your current address, and green card law says you must always carry it with you. Now regarding the penalties for not doing so, that is completely nebulous. Question is, do you want to take the risk?

Only thing I could find on the I-90, will be rejected if you apply over six months too soon, nothing about being late.

Also state dependent, in Wisconsin, your employer will be severely fined with an expired green card, will go against your work record and try and find another job with that on your record. And you will never renew your drivers' license with an expired card. And sure can't travel out of the country. Check with your state laws on this issue.

You can play games with various interpretations of the law, but remember, you are dealing with the USCIS, and you would be far better off to be safe than sorry.

Now if you are just planning on hiding up in the attic, then you can safely say, no problems.

Well, it is explicitly stated. Read Question 24 and the answer to it from the USCIS A Guide to Naturalization M-476 (http://www.uscis.gov...ticle/M-476.pdf) on page 13.

[arvinb 17]

The thing I continue to not understand is what's to happen if the N400 process goes longer than six months, during which the GC could expire? I applied early November and my GC expires in late May, which is just barely 7 months. At which point do I need to file for a renewal so as to not risk not being able to work?

[Eddymvp 11]

I'm not hiding, I was trying to avoid paying two fees. From the nwctzn's post it looks like I have to renew the card and then apply for citizenship. Its our mistake for waiting to the last second to do it.

[nwctzn 55]

The thing I continue to not understand is what's to happen if the N400 process goes longer than six months, during which the GC could expire? I applied early November and my GC expires in late May, which is just barely 7 months. At which point do I need to file for a renewal so as to not risk not being able to work?

You should be fine unless you travel internationally, since then you need a valid card.

You should be able to work for your current employer and if need be, you can show your current card and the NOA (Notice of Action) showing that you applied for citizenship. Don't know though what happens if you need to switch to another employer and if the new employer would be satisfied with the expired card and the NOA.

Edited January 5, 2012 by nwctzn

[I AM NOT THAT GUY 5,715]

It appears the USCIS wants their money:

Q. What should I do if I’ve already applied for naturalization and my card is expiring? Do I still need to renew my Green Card and pay the $130 renewal application fee?

A. If you have applied for naturalization more than six months prior to your card’s expiration you do not need to apply to renew your Green Card. If you are in the process of obtaining new employment you may use other documents listed on the Form I-9 (Employment Eligibility Verification Form) for employment verification purposes. However, if you need a new Green Card for employment or benefits verification purposes, you should apply and pay the $130 filing fee to renew your expiring Green Card.

Q. What if I applied for naturalization less than six months before my card expires, or I choose to apply for naturalization instead of applying to renew my Green Card?

A. If you have applied for naturalization less than six months prior to your card’s expiration, you will still need to apply and pay the $130 filing fee to renew your expiring Green Card and ensure that you have evidence of your legal status.

http://www.uscis.gov/files/pressrelease/GreenCardRenewal_110702.pdf

Old cite. I am sure the fees have gone up since 2002.

Edited January 5, 2012 by ☼

[Eddymvp 11]

It appears the USCIS wants their money:

http://www.uscis.gov/files/pressrelease/GreenCardRenewal_110702.pdf

Old cite. I am sure the fees have gone up since 2002.

The fee has gone about 4 times. Its $450.00 and and the Citizenship is $650.

[nwctzn 55]

I'm not hiding, I was trying to avoid paying two fees. From the nwctzn's post it looks like I have to renew the card and then apply for citizenship. Its our mistake for waiting to the last second to do it.

After locating the USCIS M-476 guide, I also found this thread on a different forum:

... My 10 year Green Card expired back in March, right around the time I applied for naturalization. The Green Card was not a issue when I went for my fingerprints ...

... My concerns were not a issue, actually none of them even were addressed or even come up. My interview was quick, painless and the staff were great. I take my Oath on the 13th of July.

I don't know if this guy just got lucky and the interviewing officer overlooked his expired GC. His situation is similar to yours; i.e., he applied with a soon-to-expire GC. If I were you, I would still go by the USCIS M-476 guide and renew my card (either before filing N-400 or while N-400 is pending), but it is of course your personal call.

Edited January 5, 2012 by nwctzn

[Eddymvp 11]

When I did mine 10 years ago they didn't look at the card, the only time they asked for it was after I oath and I was handled the certificate.

[nwctzn 55]

When I did mine 10 years ago they didn't look at the card, the only time they asked for it was after I oath and I was handled the certificate.

They checked my GC during fingerprinting, the interview, and at the oath. Don't know if they were picky about the expiration date since my card had not expired and was good for 5 more years.

[Trk393 1]

Both me and my sisters green cards were expired for years, we both went a year apart for naturalization and had different officers, mine did not care about it being expired, during the interview I even pointed it out, he didn't even flinch, the only thing he seemed to really care about was selective service. I think its up to the IO, there are some who might care and some who don't, luck of the draw I guess.

goodluck

[NickD 203]

If you received your ten year card about ten years ago, that puts you about five years ahead of my wife, USCIS was pretty darn slow back then. And trying to get that ten year card was pure grief.

Then I had a notice pasted on my refrigerator door to remind us when to apply for it, got sick of looking at that. Sure in the hell didn't want to look at that notice for another ten years. USCIS does not remind you of anything. This is why we as many others on this board applied for US citizenship as early as possible, in our case was 88 days, to end our relationship with them.

Also constant worry of losing or wrecking that card, price for replacement is the same as renewing it, outrageous. And losing it is very likely since you always have to carry it with you. Then can get into deep trouble and move across the street and forget to notify them.

Sure you had your reasons for delaying your citizenship application, most of us here wanted to get it over with at the earliest possible date, and be free from the USCIS. USCIS fee increases far exceeded the price of inflation, they never have sales or rebates either. Fees just keep on going up and up and up.

[Rose Sanders 0]

Hello everyone, I'm a newly in this and I have a question. I applied N400 along with my son, I received a notice for biometrics last May 30th, my question is my permanent residence card will expired this August 2017, do I need to renew it or wait for the interview? Will I get in trouble and my son? Pls help I'm concern your answer will be appreciated. Thank you in advance 

[Gary_UK 17]

For what its worth.

 

With all the extra dynamics of the current government making changes to immigration from certain countries. do you really want to possibly jeopardize your application in any way let alone due to an expired green card ?

 

if my GC was within a year of expiry id be looking at renewal. bear in mind the number of naturalization applications have seen a 30% increase in the last year. meaning process times are getting longer.

 

if its causing you worry just renew it and its one less thing to stress over.

 

best of luck.

 

 

[TBoneTX 46,270]

Thread from 2012 is now closed to further comment.