10 yr green card expired 20 years ago.... what do I do?

[HRQX 4,145]

2 hours ago, Sm1smom said:

I know the section that says a “valid” GC is required.

Doesn't explicitly require it to be unexpired: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

That being said, he should make a good faith effort to start complying with INA 264(e):

1. File the I-90
2. After receiving the receipt notice call USCIS to request a FO visit for document services
3. Request an I-551 stamp at the FO (issuance is at FO discretion)

[Sm1smom 250]

46 minutes ago, dwheels76 said:

Of course it's acceptable to file for naturalization with an expired green card (nor 20 years expiry don;t know).

 

But like in my case we filed the Removal of conditions and well as all know the waiting for that is  year pus so a year goes by and bam you are now eligible to file for Citizenship. It ask on the website (Online filing ) just submit photocopy of back and front of green card.

 

All us I-751 filers would be in trouble because about 99% of us file for citizenship with expired cards.

 

That is a clear exception which I definitely understand and not arguing about. Filing for naturalization with an expired GC due to a pending I-751 makes sense, no sane person can argue against that and USCIS most definitely can not deny the naturalization petition because it was filed with an expired GC. 

 

I am certain the same courtesy/exception will not be extended to a person with an expired GC from 20 years ago as in this case for instance. Emma’s response which I posted above (and my previous post from USCIS’s website) of course do not take a pending I-751 leading to an expired GC into consideration - this is clearly a situation beyond such a petitioner’s control. 

 

I do not believe it is accurate to simply state one can apply for naturalization with an expired GC without clarifying under what circumstances. That is what I’m trying to point out here. 

 

[Sm1smom 250]

8 minutes ago, HRQX said:

Doesn't explicitly require it to be unexpired: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

That being said, he should make a good faith effort to start complying with INA 264(e):

1. File the I-90
2. After receiving the receipt notice call USCIS to request a FO visit for document services
3. Request an I-551 stamp at the FO (issuance is at FO discretion)

 

And your link doesn’t explicitly say an expired GC is acceptable either - which is what I asked for. 

[cute_pretzel 49]

Not able to help, but this is the most interesting case I read on this forum. 

Hope everything works out eventually.

[HRQX 4,145]

1 hour ago, Sm1smom said:

And your link doesn’t explicitly say an expired GC is acceptable either - which is what I asked for. 

Not just any link, it's the Policy Manual. The links you provided are FAQ and AskEmma. Quote the Policy Manual part that that says an expired GC isn't acceptable; (rhetorical).

"In general, an applicant for naturalization must be at least 18 years old and must establish that he or she has been lawfully admitted to the United States for permanent residence at the time of filing the naturalization application."

Edited July 24, 2019 by HRQX

[Sm1smom 250]

42 minutes ago, HRQX said:

Not just any link, it's the Policy Manual. The links you provided are FAQ and AskEmma. Quote the Policy Manual part that that says an expired GC isn't acceptable; (rhetorical).

"In general, an applicant for naturalization must be at least 18 years old and must establish that he or she has been lawfully admitted to the United States for permanent residence at the time of filing the naturalization application."

 

You’re basically punting IMO. I think of the  FAQ and AskEmma as clarification of what’s written in the Policy Manual. Anyway, we can agree to disagree on this. 

[HRQX 4,145]

18 minutes ago, Sm1smom said:

I think of the  FAQ and AskEmma as clarification of what’s written in the Policy Manual.

The FAQ answer is clearly based on INA 264(e); not a "clarification" of the relevant section of the Policy Manual. It's 2 separate things.

Edited July 24, 2019 by HRQX

[Azure30 22]

22 hours ago, Going through said:

He has the expired card still in his possession, from what OP said?  At least that's what I gathered...

Yes,  he has it in his possession. So do you think he can just apply for the citizenship and file the N400, with an expired green card? Considering the price is just as pricey?

[Azure30 22]

21 hours ago, Cyberfx1024 said:

But it has to be valid which at this point in time is not valid. So he will have to make it valid and then file for Naturalization

Ohhhhh okay then. Makes sense. 

[HRQX 4,145]

21 minutes ago, Azure30 said:

Ohhhhh okay then. Makes sense. 

Can file for N-400 now. Should also do the following:

3 hours ago, HRQX said:

1. File the I-90
2. After receiving the receipt notice call USCIS to request a FO visit for document services
3. Request an I-551 stamp at the FO (issuance is at FO discretion)

 

Edited July 24, 2019 by HRQX

[Going through 5,671]

 

54 minutes ago, Azure30 said:

Yes,  he has it in his possession. So do you think he can just apply for the citizenship and file the N400, with an expired green card? Considering the price is just as pricey?

Yes he can file for the N400.

 

HRQX outlined the steps he should take after to comply with the INA requirements (which is separate from the N400 requirements for eligibility when applying)

Edited July 24, 2019 by Going through

[Azure30 22]

We've read and re read all of your suggestions, ideas,  experiences... from your information,  we've decided to file for the I-90 then proceed with the N-400 later down like in a year or 2 or 3...  we're glad that he may not have to start the whole process from scratch like an attorney was suggesting, who wanted to slam him with a 4k fee. We can't thank each and every one of you enough... this forum has seen myself thru from the beginning of my own visa journey and it's the only one I'll ever refer to for guidance... thank you all again!!

[azblk 338]

 

3 hours ago, Azure30 said:

We've read and re read all of your suggestions, ideas,  experiences... from your information,  we've decided to file for the I-90 then proceed with the N-400 later down like in a year or 2 or 3...  we're glad that he may not have to start the whole process from scratch like an attorney was suggesting, who wanted to slam him with a 4k fee. We can't thank each and every one of you enough... this forum has seen myself thru from the beginning of my own visa journey and it's the only one I'll ever refer to for guidance... thank you all again!!

The is no requirement that one have a valid green card when applying for citizenship. Why spend money on i-90 now and then again on N-400 in a year or two. The quicker you apply for citizenship the better imho.  There is no good reason for your friend to renew at this point unless he plans to travel out of the country soon.

[Azure30 22]

9 hours ago, azblk said:

 

The is no requirement that one have a valid green card when applying for citizenship. Why spend money on i-90 now and then again on N-400 in a year or two. The quicker you apply for citizenship the better imho.  There is no good reason for your friend to renew at this point unless he plans to travel out of the country soon.

He does plan to actually.... and from my recollection, the N400 processing time takes a bit longer? Well mine took about 5 months to process, but I was in a different state than Georgia

 

Edited July 26, 2019 by Azure30

[Azure30 22]

33 minutes ago, Azure30 said:

He does plan to actually.... and from my recollection, the N400 processing time takes a bit longer? Well mine took about 5 months to process, but I was in a different state than Georgia

 

Plus,  one of the required docs to bring to a citizenship interview is a valid state issued ID... he'd be needing a valid gc to obtain that....