Never received permanent resident card/Citizenship

[nwctzn 55]

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.

Not true! Read page 13, question 24 on USCIS Publication M-476 A Guide to Naturalization: http://www.uscis.gov/files/article/M-476.pdf

If my Permanent Resident Card expires while I am applying for naturalization, do I still need to apply for a new card?

If you apply for naturalization 6 months or more before the expiration date on your

Permanent Resident Card (formerly known as an Alien Registration Card or “Green

Card”), you do not have to apply for a new card. However, you may apply for a renewal

card if you wish by using an “Application to Replace Permanent Resident Card” (Form I-

90) and paying the appropriate fee. Call the USCIS Forms Line or visit www.uscis.gov.

If you apply for naturalization less than 6 months before the expiration date on your

Permanent Resident Card, or do not apply for naturalization until your card has already

expired, you must renew your card.

Edited March 21, 2012 by nwctzn