Dilemma - Citizenship (Green card will expire) and status

[perfect 39]

I am asking this on behalf of a friend!

She wants to apply for citizenship next month - has lived here on green card for 9½ years - came as parent of son became US citizen 20 years ago

However, we were looking at processing times last night on USCIS (which was last updated May 31) and it shows approximately a 12 months timescale for petition to be approved (working on Aug 2014). Then of course you have to await interview and then in Cali, a different date for oath. so at best...maybe 16 months.

So...the problem is, her green card will expire in June of next year, approximately 3 months before the projected processing time from USCIS. I know this seems like a dumb question, but does she need to also apply for a new green card? It almost seems pointless because the processing time for these is also 10 months (Sept 2014) so there would be a time period where she would have no green card while she awaits either citizenship or a new green card. Would she be considered out of status at this time? Is there a stamp she can get in her passport to extend until she received citizenship? Would she have to stop working? I'm sure this has happened to other people but we don't know the answers to those important questions.

Here is her possible timeline:

Apply for N400 August 2014 (currently processing Aug 2014)

Green card expires June 2016 (can't apply until 90 days before this so earliest would be March 2016)

Likely oath for N400 - approx. Dec 2016

Likely new green card would be approved- June 2017

SO many questions - any help would be very much appreciated.

[Nich-Nick 3,354]

It shouldn't take that long. Look in this progress forum where people post progress by the month they applied. Look at end of threads to get latest. Red means oath done.. already citizens. http://www.visajourney.com/forums/forum/161-us-citizenship-case-filing-and-progress-reports/

Also, some apply 90 days before eligibility so have a built in 3 month delay. Your friend is eligible now, so could go to interview oath faster than many in the timelines.

Edited July 24, 2015 by Nich-Nick

[NancyNguyen 1,657]

Her GC expires but her status is still permanent. Many here were successful getting naturalized with expired green card. Good luck.

[perfect 39]

Thanks - looking at the charts for the last 6 months the timeline runs between 5-10 months! Yikes

So...if it takes the full ten months and her green card expired just before her interview/oath, does she need to renew her green card? Is she considered out of status? Does she have to stop working?

[arken 4,197]

Even if the processing of N400 takes a long time for unforseen reasons, you don't have to apply for green card renewal. Her permanent residency status will not expire if the green card expires. A valid or current GC is required to travel in and out of US, to work in new company to show that you are authorized to work like that. If you friend is worried about that, she can make an appointment with USCIS and have a temporary stamp of residency status (i beleive i551 stamp) on her passport from local USCIS office which will allow her to travel while N400 is pending.

[perfect 39]

Thank you so much!!

I managed to find the answer direct from USCIS website if anyone else is looking for it! Relief!

24. 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 July 24, 2015 by perfect