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Filing for US Citizenship with expired GC

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A family member of mine who's been a PR for over 10 years would like to apply for his citizenship. He has not renewed his GC since it last expired a few years ago, what are the appropriate steps that should be taken prior to filing the N- 600 ?

AOS

6/20/14- Married

8/29/14- Sent AOS Package

9/2/14- Delivered to Chicago lockbox

9/5/14- Received texts with receipt numbers, Online status updated for all four cases to " Acceptance" & " Initial review "

9/9/14- NOA1 hard copies received in mail

9/12/14- Biometrics letter recieved ( Date set for 9/22/14 )

9/15/14- Biometrics completed

9/16/14- Submitted EAD Expedite through congressman

9/24/14- Case moved to " Testing and interview "

9/26/14- EAD and AP Approved

10/2/14- EAD Mailed

10/3/14- EAD 'Delivered'.. but never recieved :ranting:

10/16/14- Interview date received for 11/19 - My birthday! :D

11/19/14- Interview day- Approved- PR status registered & Welcome letter mailed

11/24/14- Welcome letter recieved

11/26/14- GC Mailed

11/29/14- GC Received

ROC

09/23/16- Mailed ROC package

10/03/16- Package sent back due to missing documents

10/05/16- Resent package

10/07/16- Check cashed

10/12/16- NOA1 received

11/14/16-Biometrics

03/04/18- Case received at local office

03/24/18- Approval letter received
04/03/18- Card Mailed

 

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i believe that he will have problems. The green card expiring puts him/her in a bad situation. They are now here illegally. I do not believe that they will be able to get citizenship till they fix their illegal status. Others with more info will chime in but I believe you family member has major issues at this time that may require a lawyer.

 

 

Service Center : California Service Center on 2014-03-17Consulate : London, United KingdomI-129F Sent : 2014-03-10I-129F NOA1 : 2014-03-14I-129F NOA2 : 2014-04-07NVC Received :4/21/2014NVC Left :4/23/2014Consulate Received :2014-04-29Packet 3 Received :2014-05-01Packet 3 Sent :2014-05-01Medical Complete: 2014-05-07Packet 4 Received :2014-5-31Interview Date :2014-06-06Visa Issued: 2014-06-10Visa Package Received: 2014-06-13Arrival at POE Seattle: 2014-6-13

Married 07/07/2014

AOS Timeline
AOS package mailed 08/08/2014 (Chicago Lockbox)
NOA date 8/13/2014
Biometrics done 09/14/2014
INTERVIEW DATE!!!! 10/31/2014
Approval e-mail 10/31/2014
Card production e-mail 12/27/2011
GREEN CARD ARRIVED 11/08/201

Employment Authorization Document
CIS Office : Chicago National Office
Filing Method : Mail
Filing Instance : First
Date Filed : 2014-08-04
NOA Date : 2014-08-13
RFE(s) :
Bio. Appt. : 2014-09-04
Approved Date : 2014-09-25
Date Card Received : 2014-10-03

ADVANCED Parole
CIS Office : Chicago National Office
Filing Method : Mail
Filing Instance :First
Date Filed : 2014-08-04
NOA Date : 2014-08-13
RFE(s) :
Date Received : 2014-10-03


ROC Timeline
ROC package mailed to CSC 10/13/2016
NOA1 date 10/17/2016
Biometrics date 12/8/2016

Interview: None
Card production ordered: 03/27/2018
10-YEAR GREEN CARD ARRIVED

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i believe that he will have problems. The green card expiring puts him/her in a bad situation. They are now here illegally. I do not believe that they will be able to get citizenship till they fix their illegal status. Others with more info will chime in but I believe you family member has major issues at this time that may require a lawyer.

Thanks alot for your prompt response G.

AOS

6/20/14- Married

8/29/14- Sent AOS Package

9/2/14- Delivered to Chicago lockbox

9/5/14- Received texts with receipt numbers, Online status updated for all four cases to " Acceptance" & " Initial review "

9/9/14- NOA1 hard copies received in mail

9/12/14- Biometrics letter recieved ( Date set for 9/22/14 )

9/15/14- Biometrics completed

9/16/14- Submitted EAD Expedite through congressman

9/24/14- Case moved to " Testing and interview "

9/26/14- EAD and AP Approved

10/2/14- EAD Mailed

10/3/14- EAD 'Delivered'.. but never recieved :ranting:

10/16/14- Interview date received for 11/19 - My birthday! :D

11/19/14- Interview day- Approved- PR status registered & Welcome letter mailed

11/24/14- Welcome letter recieved

11/26/14- GC Mailed

11/29/14- GC Received

ROC

09/23/16- Mailed ROC package

10/03/16- Package sent back due to missing documents

10/05/16- Resent package

10/07/16- Check cashed

10/12/16- NOA1 received

11/14/16-Biometrics

03/04/18- Case received at local office

03/24/18- Approval letter received
04/03/18- Card Mailed

 

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A family member of mine who's been a PR for over 10 years would like to apply for his citizenship. He has not renewed his GC since it last expired a few years ago, what are the appropriate steps that should be taken prior to filing the N- 600 ?

You are still a permanent resident, even if your green card has expired. A green card is merely evidence of your status. Many people have chosen to simply apply for U.S. citizenship after their green card has expired, or not bother to renew the green card if it expires while they're waiting for a USCIS decision on their citizenship application. USCIS policy goes back and forth on this issue, but lack of a renewed green card should not, by itself, hold up your naturalization approval.

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Filed: Citizen (apr) Country: Poland
Timeline

i believe that he will have problems. The green card expiring puts him/her in a bad situation. They are now here illegally. I do not believe that they will be able to get citizenship till they fix their illegal status. Others with more info will chime in but I believe you family member has major issues at this time that may require a lawyer.

This is complete nonsense. Expired 10 year GC does not make anybody illegal. OP - yes, you can apply without a problem.

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A newspaper article I read less than a year ago reached out to USCIS on this issue. The rep said, they always want people to be in compliance with the residency requirements, but that an expired Green Card will NOT impact an application for citizenship.

Save the time and the money, and just apply for N-400, now.

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Filed: Timeline

A family member of mine who's been a PR for over 10 years would like to apply for his citizenship. He has not renewed his GC since it last expired a few years ago, what are the appropriate steps that should be taken prior to filing the N- 600 ?

Why are you mentioning N-600? N-600 is for people who are already US citizens. Is this one of the cases where the person got automatic citizenship? If so, they can apply for a US passport or file N-600 for a Certificate of Citizenship at any time.

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  • 2 weeks later...

i believe that he will have problems. The green card expiring puts him/her in a bad situation. They are now here illegally. I do not believe that they will be able to get citizenship till they fix their illegal status. Others with more info will chime in but I believe you family member has major issues at this time that may require a lawyer.

That's why you're not an immigration lawyer doling out nonsense like that.

A family member of mine who's been a PR for over 10 years would like to apply for his citizenship. He has not renewed his GC since it last expired a few years ago, what are the appropriate steps that should be taken prior to filing the N- 600 ?

N400, not N600. Go apply. No need to renew his/her greencard.

100% Naturalized U.S.D.A. Prime American

proud_filipino_american_trucker_hat.jpg?

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Filed: Citizen (apr) Country: Ireland
Timeline

You/ he is fine. If they had an expired 2 year greencard and never Removed Conditions to get the ten year one, that would be a problem. But an expired ten year greencard is not an issue.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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You are still a Permanent resident even you GC expired. However, if you want to apply for US Citizenship by filling form N-400, you MUST renew your GC by filling form I-90 before you do so. In case your GC will come after your Citizenship interview, you may bring the receipt for renewing your GC along with expired GC to the interview. If your form N-400 is approved and you receive Certificate of Naturalization, you may either surrend your new GC or give it back to USCIS.

In case you derive US Citizenship from you parent(s), you may fill form N-600 to get your Certificate of Citizenship. Or, apply for a US Passport. Your GC does not a matter in this case.

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This is 100% incorrect. You can apply for citizenship as long as you have received a 10 year green card. Even if it is expired.

However, if you want to apply for US Citizenship by filling form N-400, you MUST renew your GC by filling form I-90 before you do so.

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This is 100% incorrect. You can apply for citizenship as long as you have received a 10 year green card. Even if it is expired.

I don't agree with this. According to "Frequently Asked Questions" from USCIS - Question 24:

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.

In this case, his/her GC already expired few years ago. Therefore, renewing GC is mandatory.

Source: http://www.uscis.gov/sites/default/files/files/article/chapter3.pdf

Edited by boy15
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Boy15, the manual states this because by law, a resident must have a valid green card. So they cannot state that it is ok to have an expired document.

But this WILL NOT IMPEDE the USCIS processing of your N-400. I am ABSOLUTELY POSITIVE and know this to be true.

Telling someone to renew their expired green card is as good as telling them to flush their money down the toilet.

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One of many references backing what has already been stated by many knowledgeable persons on this thread:

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

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