I751 extension expiry and N400

[jptl85 25]

Hello all,

 

My green card extension letter NOA date is 9/19/16, and green card expiry date is 12/17/16. Is the extension letter valid until 9/19/17 or 12/17/17? Luckily the DMV extended my license until 12/17/17 but I am not exactly sure when the letter expires? 

 

I am am traveling for work from 8/19/17 for a week and I am concerned that CBP may make an issue of my green card extension letter expiry only a few weeks after I plan to re enter the USA. I have used the letter twice with no issue so far, but just worried about using it close to its potential expiry. 

 

Does anyone know when you can get I-551 stamp? 30 days prior to one year after NOA date or green card actual expiry date?

 

Also, I am eligible to file for Naturalization on 9/17/17; should I do it then or wait for 10 Year Green Card? Sorry I am sure this question has been answered elsewhere, but cannot seem to find a definitive. 

 

Thanks so much for everyone's help. Awesome forum. Wish everyone success in their immigration journey!

 

JP 

Edited April 30, 2017 by jptl85

[skaratso 84]

I've seen people here file for ROC and have it take so long that they end up filling for naturalization before they get their 10 year green card and have no problems doing so.

 

Some of them even got their citizenship before the ROC was fully processed.

[mindthegap 2,590]

28 minutes ago, jptl85 said:

Hello all,

 Is the extension letter valid until 9/19/17 or 12/17/17? 

12/17/17. 

Page 38 here: https://www.cbp.gov/sites/default/files/documents/Carrier Information Guide- English.pdf

 

28 minutes ago, jptl85 said:

I am am traveling for work from 8/19/17 for a week and I am concerned that CBP may make an issue of my green card extension letter expiry only a few weeks after I plan to re enter the USA. I have used the letter twice with no issue so far, but just worried about using it close to its potential expiry. 

 

 

As long as it is still valid on the day you return, it is not an issue. 

The extension letter is valid until the end of the day one year from the expiry date on the card.

You would have to be mental to do so, but you could time it to arrive at a POE at 23:55 exactly 1 year from the expiry date on the GC and it would still be valid.

 

28 minutes ago, jptl85 said:

Does anyone know when you can get I-551 stamp? 30 days prior to one year after NOA date or green card actual expiry date?

 

I got one of mine 50 days before expiry of my previous proof of status, and another after the previous proof of status had already expired, so no, there isn't a hard 30 day rule. Remember that the letter/stamp serves as PROOF of the status, and does not dictate the status.

 

28 minutes ago, jptl85 said:

Also, I am eligible to file for Naturalization on 9/17/17; should I do it then or wait for 10 Year Green Card? 

You can file your N-400 when eligible, regardless of whether the I-751 has been approved or not.

The ROC has to be approved before you can naturalise, so it in effect 'forces' it to be adjudicated, and some people report having a combined interview for ROC and citizenship if they filed the N-400 before ROC was completed. 

 

Edited April 30, 2017 by mindthegap

[jptl85 25]

Thanks, both! Really appreciate the advice!!

[MnMJourney 28]

9 hours ago, skaratso said:

I've seen people here file for ROC and have it take so long that they end up filling for naturalization before they get their 10 year green card and have no problems doing so.

 

Some of them even got their citizenship before the ROC was fully processed.

This is incorrect information.

 

You cannot "get" your citizenship while your ROC has not been fully processed. As @mindthegap clearly states, your ROC must be adjudicated before you naturalization can be adjudicated. 

 

You haven't clearly stated your dates, but from your timeline your GC is dated 12/17/14. If that is correct, you may file for naturalization as early as 9/17/2017. given you meet the eligibility requirements - which you can look up from the USCIS website.

 

Cheers!

[skaratso 84]

1 hour ago, MnMJourney said:

This is incorrect information.

 

You cannot "get" your citizenship while your ROC has not been fully processed. As @mindthegap clearly states, your ROC must be adjudicated before you naturalization can be adjudicated. 

 

You haven't clearly stated your dates, but from your timeline your GC is dated 12/17/14. If that is correct, you may file for naturalization as early as 9/17/2017. given you meet the eligibility requirements - which you can look up from the USCIS website.

 

Cheers!

 

I could have sworn I saw someone whose ROC was taking so long (like 16 months or more) that they decided to file for citizenship before they got a decision on the ROC. I must have been mistaken, then.

[jptl85 25]

Hoping that VSC speeds up but will likely wait until I receive the 10 year GC before applying for citizenship. 

 

The document above from mindthegap is great. I've just printed it off this morning and will travel with it!

[Ketsuban 1,034]

8 hours ago, skaratso said:

 

I could have sworn I saw someone whose ROC was taking so long (like 16 months or more) that they decided to file for citizenship before they got a decision on the ROC. I must have been mistaken, then.

Yeah they can file for it no problem while ROC is pending, they just can't actually receive the naturalisation benefit until the ROC has been approved. Sometimes that happens at the same time as the N400 approval, but no matter what the ROC needs to be approved before citizenship can be handed out.

[skaratso 84]

14 minutes ago, Ketsuban said:

Yeah they can file for it no problem while ROC is pending, they just can't actually receive the naturalisation benefit until the ROC has been approved. Sometimes that happens at the same time as the N400 approval, but no matter what the ROC needs to be approved before citizenship can be handed out.

I stand corrected, then. Thanks.

[charmander 692]

10 hours ago, MnMJourney said:

You cannot "get" your citizenship while your ROC has not been fully processed.

Actually under special cases you can. it only applies to a small number of people but spouses of military personnel, or US citizens employed abroad (only qualified employments) could straight apply to naturalization without having to deal with I-751.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html

Section C talks about these special cases.

[MnMJourney 28]

2 hours ago, charmander said:

Actually under special cases you can. it only applies to a small number of people but spouses of military personnel, or US citizens employed abroad (only qualified employments) could straight apply to naturalization without having to deal with I-751.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html

Section C talks about these special cases.

Yes, that's correct, but in those cases, an ROC wouldn't be filed to begin with as its not required. So if you filled an ROC or one is required, "You cannot "get" your citizenship while your ROC has not been fully processed."