n-400 pending, greencard expiring, should i return to the states to wait for the interview?

[johnmorgan 0]

n-400 pending, fingerprinting done. now working abroad, greencard is expiring in a week. should i return to the states to wait for the interview - for which i've not yet gotten the invitation? obviously such trip will be very disruptive for my work.

the above sums up my situation. two lawyers have told me that while the application is pending i'll be ok either way, but still feeling unsure about it. anybody have a watertight answer?

thanks in advance for the pointers!

[Grashoppr 14]

I'm not a lawyer and I don't play one on TV but my spider-sense tells me that if you try to re-enter the US on an expired Green Card, you're going to have problems. Border patrol/whomever doesn't "know" you have an application pending, all they will see is an expired Green Card.

If it was me, I'd make sure to be IN the USA before it expires.

[Okalian 41]

I'm not a lawyer and I don't play one on TV but my spider-sense tells me that if you try to re-enter the US on an expired Green Card, you're going to have problems. Border patrol/whomever doesn't "know" you have an application pending, all they will see is an expired Green Card.

If it was me, I'd make sure to be IN the USA before it expires.

ditto..

[let-it-be 36]

n-400 pending, fingerprinting done. now working abroad, greencard is expiring in a week. should i return to the states to wait for the interview - for which i've not yet gotten the invitation? obviously such trip will be very disruptive for my work.

the above sums up my situation. two lawyers have told me that while the application is pending i'll be ok either way, but still feeling unsure about it. anybody have a watertight answer?

thanks in advance for the pointers!

I agree that you are better off being IN the states before your GC expires. Make an INFOPASS with your local USCIS office.

[Grashoppr 14]

The only thing I'd add, is that it's possible that USCIS might extend the expiration of your GC by stamping your passport with an extension date. That's MIGHT... but if you are already out of the country you'd probably have to get with the US Embassy or Consulate where you are.

My (now-ex)husband lost his green card some years back. He applied for replacement ($$) which never came in the mail. He had to pay AGAIN and apply for a second replacement. Meanwhile his employer needed to send him abroad... but his new card hadn't arrived. He was able to have his passport stamped that had the same validity as the green card, so he was able to return to the US. Exiting isn't the problem, it's re-entering that is the problem.

[AmberOctober 25]

I wonder if the US Embassy could help you with the stamp. I'd call them just to make sure.

[Grashoppr 14]

When did you file for N-400? Was it 6 months or more from expiration date of GC? If not, that might be a problem too.

Time spent out of the US might be an issue for you too, when it comes down to eligibility, period.

[mamaSue 38]

If it was me, I'd make sure to be IN the USA before it expires.

Me too!!!

[Brother Hesekiel 2,236]

The Green Card needs to be valid for at least 6 more months by the time you file your N-400. Since it's unusual for an N-400 to run that long -- and you haven't even received your interview date yet -- I wonder if something went wrong?

Did you file you N-400 with less than 6 months on it?

Did the interview notice perhaps got lost?

How long have you been waiting?

Edited October 8, 2012 by Brother Hesekiel

[bigdog 376]

Me too!!!

[jkelly07 120]

citizenship n-400 should ony take 5 months, your bio after that a month then notice for your interview,if approval then oath ceremony you need to surrender your green card before you take the oath for citizen ship, i think its a good idea to make a info pass if your travaling internationalty to stamp your passport or what ever they do.

[johnmorgan 0]

it's possible that USCIS might extend the expiration of your GC by stamping your passport with an extension date. That's MIGHT... but if you are already out of the country you'd probably have to get with the US Embassy or Consulate where you are.

My (now-ex)husband lost his green card some years back. He applied for replacement ($$) which never came in the mail. He had to pay AGAIN and apply for a second replacement. Meanwhile his employer needed to send him abroad... but his new card hadn't arrived. He was able to have his passport stamped that had the same validity as the green card, so he was able to return to the US. Exiting isn't the problem, it's re-entering that is the problem.

thanks to everyone for the pointers. i gather i'll follow grashoppr's advice and try to get a re-entry stamp from the u.s. embassy here.

- for various reasons, i did apply for the passport only 4 months before GC expiry. so it's not taken unusually long as of yet. just my overseas work schedule has changed from what i had originally thought.

- no, i've not stayed out of the country long enough to hurt my eligibility. at the current date, 2 months. and i maintain a residence in nyc.

- an immigration lawyer told me that i'll get into the country with an expired green card, if the airline lets me board with it. which i think they will.

now, i'm thinking that i should e-file for the greencard renewal - form i-90. that i could do remotely, though it's a bit of $, it's still less than an extra return trip to the u.s.. that way i'll satisfy the requirement stated on the m-476 pamphlet.

"If you apply for naturalization less than 6 months before the expiration date of your Permanent Resident Card, or you do not apply for naturalization until your card has already expired, you must renew your card."

http://www.uscis.gov/files/article/M-476.pdf

has anyone here done an i-90 e-filing? any special concerns regarding that?

Edited October 9, 2012 by johnmorgan

[Grashoppr 14]

The airline has nothing to do with whether you'll be allowed (back) into the US. You still have to go through Customs and Immigration. THEY are the ones that are going to turn you away. In some countries/cities, the USCIS has offices in foreign airports and pre-clear people. Others are cleared when they arrive on US soil but they might never get out of the airport if they don't have the proper documentation.

I have direct experience with this (my ex-spouse was denied entry twice when moving to the US to accept a job). Never left the originating airport because they wouldn't pre-clear him. That was the lesser evil than finding out once landed, he'd be on the next plane back.

Talk to your Embassy - see what your options are. I'm not an attorney. Best to get informed ASAP and make a plan.

[warlord 73]

Talk to your Embassy - see what your options are. I'm not an attorney. Best to get informed ASAP and make a plan.

Yes this is the best option for you right now. They may be able to do something to get your GC extended while you are still over there working the same way they can help people with US passports. It would at least be the best thing to do first. They may not be able to help you directly, but they should be able at least let you know what steps you would need to take...

[NickD 203]

Are you going though the ROC stage? Still long delays, one time my wife came back with an expired conditional green card, but had her one year original certificate with her, no problems getting in.

A second time, had to show her I-551 stamp in her foreign passport book, but also had her expired green card with her, again no problems getting back in. She was never checked leaving or even coming back from her home country. But where ever you land in the USA at an international airport with a POE, that is where she was checked.

So much easier for her to come back with a US passport, but still needs to maintain her foreign passport only when entering or leaving her home country. Don't have anything there to offer to her, but just won't let her go because she was born there.

ROC conditions was the worse stage for us, and ironically that green card is only good for two years with a three year wait for citizenship. Its worthless anyway, if she asked me a question, and I didn't answer, could have claimed a divorce because I was ignoring her, a form of abuse. Got divorced and stayed her anyway. Or simply claim going back to her home country would be a hardship. And also would be certainly true with the amount of money we had to spend to bring her here. Quitting her job, selling her apartment, etc.

That wasn't our case, but just read the exceptions on that I-751 form. Crazy, but a nightmare when traveling.