Will I make it in time before my green card expires?

[edgarh1992 0]

So I plan to send my application n-400 tomorrow because my green card expires 11/04/15. I heard you need to file for renewal if you're green card is expiring within 6 months but mine will be expiring at exactly 6 months and 3 days. Do they take into consideration the post mark date for this rule?

Would it be better for me just to renew and do the naturalization at some other time (tight on money at the moment and have to go with one or the other because I can't pay both those filing fees).

I plan on sending it by priority mail which would mean it would get there on Friday end of the day at best. Not sure if they work weekends but assuming they don't, that means they won't get to open it and see it by Monday which would mean I would be exactly at 6 months.

Edited April 29, 2015 by edgarh1992

[belinda63 3,038]

Can you give us a bit of a timeline? You can file to naturalize after three years minus 90 days of being an LPR if married to the same US citizen or after 5 years minus 90 days of being an LPR otherwise. You file to renew your green card 90 days or less from its expiration.

[JimmyHou 611]

So I plan to send my application n-400 tomorrow because my green card expires 11/04/15. I heard you need to file for renewal if you're green card is expiring within 6 months but mine will be expiring at exactly 6 months and 3 days. Do they take into consideration the post mark date for this rule?

Would it be better for me just to renew and do the naturalization at some other time (tight on money at the moment and have to go with one or the other because I can't pay both those filing fees).

I plan on sending it by priority mail which would mean it would get there on Friday end of the day at best. Not sure if they work weekends but assuming they don't, that means they won't get to open it and see it by Monday which would mean I would be exactly at 6 months.

You are right that the rules state that you have to have a green card that is valid for more than 6 months when you apply for naturalization. The rules don't say if this pertains to the postmark date or the receipt date.

However, this rule is rarely enforced. Actually, I've never heard of anyone being denied for this reason. Many people have applied successfully with green cards that have expired or that were about to expire.

I wouldn't worry about this at all. Save your money and don't renew your greencard if you are ready to naturalize. There's always a chance that you'll get an extremely struck interviewer who will insist on having you renew your green card first, but I think that is extremely unlikely.

Note: this is all assuming we're talking about a 10 year unconditional greencard.

Also note that if your greencard expires before you are naturalized then your ability to travel will be limited unless you are issued a temporary I-551 stamp by USCIS.

Edited April 29, 2015 by JimmyHou

[bkboy77 2]

My greencard expires first week of May 2015. I submitted my application on January 2, 2015. Unless you plan to travel during the naturalization process, I wouldn't worry about having a greencard that is about to expire. You do not lose your permanent resident status because your ID expired.

[edgarh1992 0]

My greencard expires first week of May 2015. I submitted my application on January 2, 2015. Unless you plan to travel during the naturalization process, I wouldn't worry about having a greencard that is about to expire. You do not lose your permanent resident status because your ID expired.

I do not plan to travel. Let me know the status of your process.

You are right that the rules state that you have to have a green card that is valid for more than 6 months when you apply for naturalization. The rules don't say if this pertains to the postmark date or the receipt date.

However, this rule is rarely enforced. Actually, I've never heard of anyone being denied for this reason. Many people have applied successfully with green cards that have expired or that were about to expire.

I wouldn't worry about this at all. Save your money and don't renew your greencard if you are ready to naturalize. There's always a chance that you'll get an extremely struck interviewer who will insist on having you renew your green card first, but I think that is extremely unlikely.

Note: this is all assuming we're talking about a 10 year unconditional greencard.

Also note that if your greencard expires before you are naturalized then your ability to travel will be limited unless you are issued a temporary I-551 stamp by USCIS.

Yes, I believe that's what I have, I've been a permanent resident since October 13 2005, which has been around 10 years

Can you give us a bit of a timeline? You can file to naturalize after three years minus 90 days of being an LPR if married to the same US citizen or after 5 years minus 90 days of being an LPR otherwise. You file to renew your green card 90 days or less from its expiration.

I've been a Permanent resident since 2005.

[bkboy77 2]

I was interviewed yesterday and the officer has recommended my application for approval.

[edgarh1992 0]

I was interviewed yesterday and the officer has recommended my application for approval.

Any mention of your soon to be expired card?

[bkboy77 2]

Any mention of your soon to be expired card?

None. The only thing he said was that I needed to bring the green card at the oath ceremony since USCIS destroys the card once you become a citizen.

[DC85 113]

I doubt they have the legal right to deny you if your card is expired. the GC is a proof of your legal status, and having an expired GC doesn't mean you are out of status, you are still a PR, and that's what you need to be naturalized

[raven52 233]

Why cut it so close on filing? I AM sure you knew your date and such an important date, why would you cut your time so close.

Many people hope and pray for this day to come to file for N-400..,,.and you are late..,.,.,well I am sure you have your reasons.

Good luck with your filing and hope you will be finished with USCIS soon.!

[JimmyHou 611]

I doubt they have the legal right to deny you if your card is expired. the GC is a proof of your legal status, and having an expired GC doesn't mean you are out of status, you are still a PR, and that's what you need to be naturalized

Hi DC85,

You're right that yiur status doesn't change if your card expires, but you you still need an unexpired card for certain things (for example traveling abroad). The rules also say that you need an unexpired card for naturalization.

It's in the M476 Naturalization Guide.

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

See Question 24.

You must file for naturalization at least 6 months before the expiration of your green card. Otherwise you must renew your green card before applying.

"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."

As I said above, though, I've never read any cases where this was actually enforced. So I think there's a USCIS guideline, but interviewers must have been told to ignore it or at least be lenient in its enforcement. I think this is one of those things they can technically use if they are looking for a reason to deny your application for some reason, but they won't make an issue of it in almost all cases. So back to the OP, in think there's anything to worry about.

[jnjcontainer 4]

You already got some pretty good answers above. Just want to reaffirm that expired or expiring GC is usually not a huge issue as it pertains to your n-400 application. My friend filed his n-400 in december while his GC was expiring in february. He did not encounter any issues regarding the expiring GC nor was he ever asked about it during the process. He took the oath in april when the GC was already expired. I've also read similar experiences in this forum that support this.

[edgarh1992 0]

You already got some pretty good answers above. Just want to reaffirm that expired or expiring GC is usually not a huge issue as it pertains to your n-400 application. My friend filed his n-400 in december while his GC was expiring in february. He did not encounter any issues regarding the expiring GC nor was he ever asked about it during the process. He took the oath in april when the GC was already expired. I've also read similar experiences in this forum that support this.

Great to hear. Was really worried because of what friends told me. Guess I looked to the right place for answers.