Renew Permanent Resident Card?

[Iowaguy 0]

My wife has turned in the N-400 application for citizenship.  Her permanent resident card expires in December.  USCIS website says another 10 months of waiting. 

 

Should she renew the permanent resident card?  What about when to travel to Mexico?  Travel before the card expires or wait for the citizenship process to finish?

 

Thanks.

 

[HRQX 4,145]

On 9/22/2021 at 8:16 PM, Iowaguy said:

My wife has turned in the N-400 application for citizenship.

Depending on when N-400 was filed then she may be eligible for a free ADIT stamp: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2 "Though USCIS may issue temporary evidence of LPR status in the form of an Alien Documentation Identification and Telecommunication (ADIT) stamp, USCIS does not provide such stamps to applicants with a pending Form N-400 unless they filed a Form I-90 or filed Form N-400 more than 6 months before the expiration of his or her PRC."

Edited September 26, 2021 by HRQX

[Adujarric 67]

19 hours ago, Iowaguy said:

My wife has turned in the N-400 application for citizenship.  Her permanent resident card expires in December.  USCIS website says another 10 months of waiting. 

 

Should she renew the permanent resident card?  What about when to travel to Mexico?  Travel before the card expires or wait for the citizenship process to finish?

 

Thanks.

 

I am not an expert on the subject but i could tell you from my experience it doesnt matter if the green card is expired to uscis my green card had been expired since 2014 when i had my interview in august. 

[Allaboutwaiting 2,503]

This is what the USCIS says on the matter:

"A lawful permanent resident is required to have valid, unexpired proof of lawful permanent residence in his or her possession at all times.  Applying for naturalization does not change this requirement.  For this reason, you must generally apply to renew your expiring Green Card even if you have applied for naturalization."

[HRQX 4,145]

10 minutes ago, Adujarric said:

doesnt matter if the green card is expired

Per INA 264(e), adult non-citizens must carry valid proof of their status: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

[Adujarric 67]

20 minutes ago, Allaboutwaiting said:

This is what the USCIS says on the matter:

"A lawful permanent resident is required to have valid, unexpired proof of lawful permanent residence in his or her possession at all times.  Applying for naturalization does not change this requirement.  For this reason, you must generally apply to renew your expiring Green Card even if you have applied for naturalization."

Thank you i didnt know but i was under the assumption that i needed it to renew it but my lawyer pretty much told me it wasnt going to be a problem & when i had my interview & oath ceremony they never mention the fact that it had been expired since 2016. Also on the oath schedule it has a box where they check off if the green card you are returning is expired or lost. 

[jakelake 222]

On 9/23/2021 at 6:54 PM, Allaboutwaiting said:

This is what the USCIS says on the matter:

"A lawful permanent resident is required to have valid, unexpired proof of lawful permanent residence in his or her possession at all times.  Applying for naturalization does not change this requirement.  For this reason, you must generally apply to renew your expiring Green Card even if you have applied for naturalization."

That is most likely for those with an expiring 10-year green card.

Having said that, why in the world would someone renew a green card when they are applying for naturalization? The fee to renew is $540 and $725 for naturalization. That's essentially a $540 penalty.

The naturalization application really should have started a year or 2 before the green card started expired.

 

[Iowaguy 0]

Thanks, everyone.

[happytree 19]

19 hours ago, jakelake said:

That is most likely for those with an expiring 10-year green card.

Having said that, why in the world would someone renew a green card when they are applying for naturalization? The fee to renew is $540 and $725 for naturalization. That's essentially a $540 penalty.

The naturalization application really should have started a year or 2 before the green card started expired.

 

This is interesting. I was reading the instructions of the n400 and the supporting documents, it does not say anything about expiration date of the green card. From what I gathered online, even of your 10year gc expires, youre still a permanent resident. You can technically apply with an expired green card. If you lose your green card, it does say you must apply to a new one before the n400. So, as long as you have the green card on hand then it's OK?

 

Where I think the situation gets into a gray area is that, by law, you're required to carry a valid green card with you at all times. So, I imagine, during your interview the officer could grill you on why you're going about with an expired gc which is clearly breaking this law. So I imagine this could be used by the officer to deny your case based on lack of good moral character. 

 

Needless to say, im not a lawyer and this is just a theory. Hope it helps. 

 

 

[jakelake 222]

On 9/25/2021 at 6:01 PM, SusieQQQ said:

She doesn’t need a visa. She is from UK and can use VWP.

 

13 hours ago, happytree said:

This is interesting. I was reading the instructions of the n400 and the supporting documents, it does not say anything about expiration date of the green card. From what I gathered online, even of your 10year gc expires, youre still a permanent resident. You can technically apply with an expired green card. If you lose your green card, it does say you must apply to a new one before the n400. So, as long as you have the green card on hand then it's OK?

 

Where I think the situation gets into a gray area is that, by law, you're required to carry a valid green card with you at all times. So, I imagine, during your interview the officer could grill you on why you're going about with an expired gc which is clearly breaking this law. So I imagine this could be used by the officer to deny your case based on lack of good moral character. 

 

Needless to say, im not a lawyer and this is just a theory. Hope it helps. 

 

 

if the green card is expired, the extension letter covers you. The vast majority of people with conditional green cards have expired ones.

My point was concerning the 10-year green card. Why wait until the last moment to renew AND apply for naturalization?

Edited September 26, 2021 by jakelake
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