Filing N400 and 10 year GC Expired very recently

[pcguy760 0]

Hello everyone,

My 10 year green card / permanent resident card just expired and I was wanting to file the N400. I am reading very mixed opinions on this type of situation as some people say it is ok to file with the expired 10 year card and some say to renew it first and then file N400.

So can I file my N400 with my recently expired 10 year GC or do I HAVE to renew the GC first? Would surely be nice to save some $$.

Also, I read this in NYTIMES ...

http://www.nydailynews.com/new-york/expired-green-card-red-light-citizenship-article-1.436464

Thanks in advance!

Edited December 24, 2014 by pcguy760

[NancyNguyen 1,657]

Apply for the citizenship ASAP. 10 years GC is not like 2 years GC, which requires you to renew before expiration. 10 years GC expires, you are still permanent resident. Renewal of GC shows you are responsible for your residence, furthermore you need a valid card for traveling. Good luck.

[pcguy760 0]

Thank you for taking the time to reply. I will go ahead and do the N400 asap. I will come back to this thread and let you folks know how it goes with this type of situation - maybe it will help someone later on

[Mrs O. 29]

My MIL applied with an expired 10yr GC and she was approved without hassle. Now a citizen.

[pcguy760 0]

Oh thats great to hear! I hope it goes the same way for me too Thanks!

[pcguy760 0]

UPDATE : Well to be very honest, due to some finance troubles I did not file yet! However, I am able to file the N400 right now but I was wondering is it STILL ok for me to file it considering my 10 yr GC expired in December 2014? Thanks!

[JimmyHou 611]

UPDATE : Well to be very honest, due to some finance troubles I did not file yet! However, I am able to file the N400 right now but I was wondering is it STILL ok for me to file it considering my 10 yr GC expired in December 2014? Thanks!

The rules say that you have to apply before your green card expires. Actually, you have to apply more than 6 months before it expires. This is very clearly stated in Q-24 in the Naturalization Guide.

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

Having said that, there are many people who have posted experiences on here about being approved with almost-expired or expired green cards. So it sounds like they can enforce this rule if they want to, but they choose not to. The article linked above is also one of many that say the same thing.

Your choices are to renew your green card first and then apply or apply for citizenship and hope it won't be an issue. Based on the number of stories of people being naturalized anyway, I would probably apply for naturalization and try my luck.

Edited February 3, 2015 by JimmyHou

[pcguy760 0]

Ok thanks, I think I will apply first since I had the 10 yr gc and hope for the best.