Never received permanent resident card/Citizenship

[MonopolyMoney 0]

Hi everyone!

So my husband and I applied for a new permanent residency card to replace his expiring one, but it never came in the mail. We were in the middle of some rather unpleasant life events, so we both forgot about receiving the new card. Fast forward to about five months ago, when we realized that we never received the new card and his old one was expired. We applied for another one, thinking that it had been lost in the mail. We got the decision back, USCIS was like, "lol no, you pay for a new one!". Sigh. So we would need to submit $500+ dollars for a card that was never received.

Now I just found out that he can actually apply for citizenship (we've been married 4 years). Is there absolutely any way that we can do this so that we don't need to apply for a new permanent residency card (since they need a photocopy of the front and back of it when applying for citizenship)? I know that we could send in a copy of the receipt of the petition for a new permanent resident card, but I'm really hoping to not have to pay for another one when we didn't receive the first one that we did paid for. Do you think a stamp from our local consulate would cover it?

Edited February 17, 2012 by MonopolyMoney

[aleful 1,905]

Hi everyone!

So my husband and I applied for a new permanent residency card to replace his expiring one, but it never came in the mail. We were in the middle of some rather unpleasant life events, so we both forgot about receiving the new card. Fast forward to about five months ago, when we realized that we never received the new card and his old one was expired. We applied for another one, thinking that it had been lost in the mail. We got the decision back, USCIS was like, "lol no, you pay for a new one!". Sigh. So we would need to submit $500+ dollars for a card that was never received.

Now I just found out that he can actually apply for citizenship (we've been married 4 years). Is there absolutely any way that we can do this so that we don't need to apply for a new permanent residency card (since they need a photocopy of the front and back of it when applying for citizenship)? I know that we could send in a copy of the receipt of the petition for a new permanent resident card, but I'm really hoping to not have to pay for another one when we didn't receive the first one that we did paid for. Do you think a stamp from our local consulate would cover it?

nope, you need the actual GC, they need to see the date he became a LPR and the copy front and back of the actual card. and he will need it as well for the oath ceremony, he will hand in the GC to get the naturalization certificate at the end of the ceremony.

you'll need to file for the replacement.

Edited February 17, 2012 by aleful

[Harsh_77 718]

Yep thats exactly what I was thinking, you cannot skip the GC and apply for citizenship, you will need the actual GC which you return back.

[pandawars 7]

Hi everyone!

So my husband and I applied for a new permanent residency card to replace his expiring one, but it never came in the mail. We were in the middle of some rather unpleasant life events, so we both forgot about receiving the new card. Fast forward to about five months ago, when we realized that we never received the new card and his old one was expired. We applied for another one, thinking that it had been lost in the mail. We got the decision back, USCIS was like, "lol no, you pay for a new one!". Sigh. So we would need to submit $500+ dollars for a card that was never received.

Now I just found out that he can actually apply for citizenship (we've been married 4 years). Is there absolutely any way that we can do this so that we don't need to apply for a new permanent residency card (since they need a photocopy of the front and back of it when applying for citizenship)? I know that we could send in a copy of the receipt of the petition for a new permanent resident card, but I'm really hoping to not have to pay for another one when we didn't receive the first one that we did paid for. Do you think a stamp from our local consulate would cover it?

Unfortunately unless you can prove that you never got a card the last time...which is hard since you re-applied for a lost card, you're going to have to the fee again.

you could also hire an attorney but then that costs money...figure out the least expensive way to get what you need unless you have something crazy going on where you need an attorney.

[nwctzn 55]

Hi everyone!

So my husband and I applied for a new permanent residency card to replace his expiring one, but it never came in the mail. We were in the middle of some rather unpleasant life events, so we both forgot about receiving the new card. Fast forward to about five months ago, when we realized that we never received the new card and his old one was expired. We applied for another one, thinking that it had been lost in the mail. We got the decision back, USCIS was like, "lol no, you pay for a new one!". Sigh. So we would need to submit $500+ dollars for a card that was never received.

Now I just found out that he can actually apply for citizenship (we've been married 4 years). Is there absolutely any way that we can do this so that we don't need to apply for a new permanent residency card (since they need a photocopy of the front and back of it when applying for citizenship)? I know that we could send in a copy of the receipt of the petition for a new permanent resident card, but I'm really hoping to not have to pay for another one when we didn't receive the first one that we did paid for. Do you think a stamp from our local consulate would cover it?

The USCIS requires that at the time when you send in your N-400 application you have a permanent resident card at hand that is valid for at least 6 months. If the card at hand is not valid for at least 6 months, you unfortunately have to file for a replacement card and you can use the NOA of the replacement card. So in your case, it looks like you need to apply for a new one.

However, when did you file for the card that was "lost" in the mail? If it is recent, they might accept the NOA for that one. The bad thing is that they usually do not admit if it is their own fault. It could be that your card was delivered to a wrong address. It happened to me; they sent my card to an X address in Chicago although I never lived there. When I called them, they tried to blame me and said that I submitted a change of address to Chicago which was definitely not the case since I had not moved anywhere for the last three years and definitely never lived in Chicago. You might want to try to chase the card that was lost, but that would most likely take some time and the outcome is not for certain. You can also try to schedule an infopass at your local USCIS office and discuss your situation with an agent since the card renewal is pretty costly, and if you have a straight-forward case, you will get your naturalization certificate before your new card anyway.

Edited February 17, 2012 by nwctzn

[hikergirl 277]

I'm not seeing a Removal of Conditions on your timeline. I'm pretty sure you are required to remove conditions to get the 10 year green card before you can apply for naturalization.

[NickD 203]

Wife was a keeper, so besides me with my reminder on the refrigerator door to apply for her I-751 at the earliest possible date, had other people reminding her as well.

Her employer, a large corporate hospital, no greeny card, no worky.

The DMV, received her drivers' license, a 3 year probationary because she was from a foreign country when she had her EAD card. Was up for renewal.

Her son locked up in Venezuela she couldn't visit with an expired green card.

She did get her biometrics appointment shortly after, along with a one year green card extension notice, was expected to carry that with her, just made a copy for her. But did show the original to both her employer and DMV, with both asking what in the hell is that. That took a lot of explaining and making excuses for the USCIS, the legal department at her hospital, and the governs office newly appointed immigration officer that didn't know anything about immigration. Only guy that understood it, was the officer at the POE back into the USA, commented the USCIS is darn slow with this process, did let my wife come back in.

When that was about to expire, with worthless attempts with the USCIS, they said to make an infopass appointment for a I-551 stamp in her foreign passport book, that was also about to expire so we had to renew that. I then contacted my senators office with our predicament. In short order they found our application was misplace en-route from Nebraska to California. No one we talked to at the USCIS or ombudsman knew about that change of service centers. USCIS is always changing service centers.

We submitted copies of her expired green card and that one year extension notice with the N-400, but she finally got her ten year card about eight days before her interview, where they promptly took it back when she received her naturalization certificate. Also sent one for my stepdaughter, wasn't nearly the panic, high schools don't check that, something about a supreme court decision in Texas. And she got her probationary drivers' license about 30 months later than her mom, so had a ten year card to show them for renewal. She didn't have problems.

[Fishguy 1]

You'll have to pay for the new card first, have it in hand and then apply for citizenship. The first card was only good for 2 years. The minimum number of years a spouse must be a permanent resident before applying for citizenship is 3 years.

Not to cause alarm, but did they say he was in the system as being renewed? I don't have experience with an expired card, but you really want to make sure he isn't out of status. He probably should not leave the country until the matter is resolved as it could cause issues with re-entry.

[RICARDO4EVA2 194]

nope, you need the actual GC, they need to see the date he became a LPR and the copy front and back of the actual card. and he will need it as well for the oath ceremony, he will hand in the GC to get the naturalization certificate at the end of the ceremony.

you'll need to file for the replacement.

correct. No way around the system.

[NickD 203]

Rule #1 when dealing with the USCIS is to only pay your fees with a personal check, that way you have positive proof they accepted your fee money and the date they cashed it.

Rule #2, make a complete duplicate copy of everything you sent in, so if they lose it, don't have to go through all that again.

Actually not a new rule with the USCIS, an old rule when dealing with the IRS or any other governmental agency for that matter. When dealing with these agencies, the burden of proof is always on your shoulders. With that information, can e-mail that to your senators office and get aid.

[Gary and Alla 3,694]

Hi everyone!

So my husband and I applied for a new permanent residency card to replace his expiring one, but it never came in the mail. We were in the middle of some rather unpleasant life events, so we both forgot about receiving the new card. Fast forward to about five months ago, when we realized that we never received the new card and his old one was expired. We applied for another one, thinking that it had been lost in the mail. We got the decision back, USCIS was like, "lol no, you pay for a new one!". Sigh. So we would need to submit $500+ dollars for a card that was never received.

Now I just found out that he can actually apply for citizenship (we've been married 4 years). Is there absolutely any way that we can do this so that we don't need to apply for a new permanent residency card (since they need a photocopy of the front and back of it when applying for citizenship)? I know that we could send in a copy of the receipt of the petition for a new permanent resident card, but I'm really hoping to not have to pay for another one when we didn't receive the first one that we did paid for. Do you think a stamp from our local consulate would cover it?

If you actually applied for the renewal you got a letter extending his old card for one year and a case number with which you can check on the case. Do so. If you did not get this letter and case number, then you also forgot to apply for renewal and that could be a much more difficult problem.

Did you move? Could the new card have been not forwarded to your new address?

In any case, you need a green card in order to apply for/receive US citizenship.

[Gary and Alla 3,694]

You'll have to pay for the new card first, have it in hand and then apply for citizenship. The first card was only good for 2 years. The minimum number of years a spouse must be a permanent resident before applying for citizenship is 3 years.

Not to cause alarm, but did they say he was in the system as being renewed? I don't have experience with an expired card, but you really want to make sure he isn't out of status. He probably should not leave the country until the matter is resolved as it could cause issues with re-entry.

He definitely should not leave the country until his status is known.

The story is a bit strange in that when you apply for renewal you get a one year automatic extension and often the cards are renewed with no interview, just sent in the mail. Worst case you would do a form I-90 for a lost card and get a new one.

If the renewal was never filed, it is possible that his residency expired. Which could require the filing of a new petition for a spouse. For that I would talk to the USCIS by making an infopass appointment

[MonopolyMoney 0]

Thanks for the advice, everyone! My husband's status is not expired (thankfully!), so we just need to resubmit the paperwork for the new permanent resident card (and the fees ) only to hand it back to them when he gets citizenship. The problem was that the card either was lost in the mail (why doesn't USCIS use a mail service with a tracking number??) or something was screwed up on their end. Of course they will not admit to any blame, so that's why we need to re-apply for the card.

I'll let you know how it goes.

[NickD 203]

You can pay a lot of extra money to have your US passport expedited and come in a large cardboard mailer you have to sign for. Could slip your certificate of naturalization in that same envelop since its coming from the same address, but slap it in a plain brown envelop with an untraceable first class stamp on it.

Don't know about you, but sure receive a ton of junk mail, when expecting something from the USCIS, had to open every bit of it to make sure nothing of value was in it. And everything from the USCIS comes in via regular mail.

Recall vividly our AOS stage when my very frightened then 13 year old stepdaughter had to attend, was totally ignored by our IO, and her destiny was solely dependent upon her mother. But was treated as an entirely separate entity by the USCIS, and her application was misplaced. Her mom did receive her conditional card early, with lots of pressure, stepdaughter's card came in about 45 days later.

Then our I-751 application was misplaced as was my wife's oath ceremony approved application, these were very stressed times.

[milimelo 4,481]

http://www.nydailynews.com/new-york/father-illegitimate-son-prove-father-child-relationship-sponsoring-permanent-residence-article-1.1029255

ALLAN WERNICKTuesday, February 28, 2012 Q. I lost my green card three years ago. Can I nevertheless become a U.S. citizen? I came to the United States in 1970. I lost my wallet three years ago, and with it my green card. I have been paying my taxes and I have never been arrested. Except for not having my card, I qualify to become a U.S. citizen. Must I replace my card before applying to naturalize or can I apply without the card?

Richard, New York

A. You can naturalize without replacing your permanent resident card.

A permanent resident whose card was lost or stolen, or that has expired, can become a U.S. citizen without getting a new card. Some people are confused about this issue because if you ask the USCIS whether a person with a missing or expired card needs to get one before naturalizing, the agency representatives answer “yes.” But that’s only because the law says you must always have a valid card. If you ask USCIS whether you can naturalize without a valid card, the answer is again “yes.” So, even USCIS acknowledges that a person with required number of years of permanent residence can naturalize without producing an unexpired plastic card. After all, when you go to your naturalization interview, the USCIS will have your file, and know whether you meet the qualifications for U.S. citizenship. Further, the government rarely punishes an individual because he or she let his card expire.