GC lost before citizhenship interview.

[izzardmo 9]

Hey folks,

I just realized I lost my GC, and my citizenship interview is coming up in 3 weeks.

 

- Should I even bother to file the I-90 form and pay that $500 fee? Even I did so, it'd have taken months before USCIS would be able to produce a new card.

- Is it a mandatory requirement to have present GC at the interview and the oath ceremony?

 

Thank you for chiming in.

 

 

Edited November 7, 2022 by izzardmo
typo

[Dashinka 24,478]

Doing a little searching on the net, I would say it is not necessary to file the I-90 (assuming you can do that anyway as you cannot file the I-90 if it was a 2yr GC.).  Some lawyers suggest filing a police report for the lost GC which is probably a good idea for two reasons, one it is evidence you can bring to the interview of the fact you lost it, and two, it can help you fight any identity theft that could occur if someone else finds it.  

 

I would go to the interview, use another form of ID for getting into the office, take a photocopy of the GC (I assume you still have a copy of it from the N400 filing) along with the police report, explain to the IO what happened, and most likely the IO will have you sign an affidavit attesting to the fact that you lost your GC, and you will use that at the oath ceremony.

 

Good Luck!

[Timona 4,207]

No need to file one... @mindthegap is an expert here 

[izzardmo 9]

Thank you!

[Free Man 119]

No need to file I-90. During my oath a lady had the same issue, they requested that we surrender all our green cards expired or valid before the judge comes in. A lady in front me said she lost her green card, the officer took the oath form and wrote something and said once they update the citizenship status in their system, it will override the green card and make it null or void. 

[mindthegap 2,589]

On 11/7/2022 at 3:33 AM, izzardmo said:

- Should I even bother to file the I-90 form and pay that $500 fee? Even I did so, it'd have taken months before USCIS would be able to produce a new card.

If you read the very first page of the I-90 form instructions HERE you will see the answer is.....no.

 

"NOTE: Conditional permanent residents (for example, CR1, CR2, CF1, CF2) who obtained their status through marriage or entrepreneurship are issued a Permanent Resident Card for two years. When a conditional permanent resident’s status is within 90 days of expiration, the conditional permanent resident is ineligible for a replacement conditional resident card and must file a petition to remove the conditions, as follows: 1. If you became a conditional permanent resident through marriage to a U.S. citizen or lawful permanent resident, and your two-year conditional permanent resident status is expiring within the next 90 days, file Form I-751, Petition to Remove Conditions on Residence"

 

Always read the instructions.

 

 

Sure you can file, and they will gladly take your cash and not refund it......but it is pointless. 

 

 

On 11/7/2022 at 3:33 AM, izzardmo said:

- Is it a mandatory requirement to have present GC at the interview and the oath ceremony?

You can't bring what you no longer have.

 

Edited November 8, 2022 by mindthegap

[izzardmo 9]

4 hours ago, mindthegap said:

If you read the very first page of the I-90 form instructions HERE you will see the answer is.....no.

 

"NOTE: Conditional permanent residents (for example, CR1, CR2, CF1, CF2) who obtained their status through marriage or entrepreneurship are issued a Permanent Resident Card for two years. When a conditional permanent resident’s status is within 90 days of expiration, the conditional permanent resident is ineligible for a replacement conditional resident card and must file a petition to remove the conditions, as follows: 1. If you became a conditional permanent resident through marriage to a U.S. citizen or lawful permanent resident, and your two-year conditional permanent resident status is expiring within the next 90 days, file Form I-751, Petition to Remove Conditions on Residence"

 

Always read the instructions.

 

 

Sure you can file, and they will gladly take your cash and not refund it......but it is pointless. 

 

 

You can't bring what you no longer have.

 

Thank you for your quick response. Sorry I didn't clarify, I have a 10-year green card. But I'll just go ahead and explain to the interviewer on that day. I really appreciate your input on this.

[izzardmo 9]

20 hours ago, Free Man said:

No need to file I-90. During my oath a lady had the same issue, they requested that we surrender all our green cards expired or valid before the judge comes in. A lady in front me said she lost her green card, the officer took the oath form and wrote something and said once they update the citizenship status in their system, it will override the green card and make it null or void. 

Thank you.

[B C 18]

Here is my copy paste answer from another post (not mine):

 

https://www.visajourney.com/forums/topic/304585-lost-green-card-for-naturalization-interview/?do=findComment&comment=4604422

 

Yes, as per: http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=afm

 

https://www.uscis.gov/policy-manual/volume-12-part-k-chapter-3

 

C. Issuance of Certificate of Naturalization

In general, USCIS issues a Certificate of Naturalization after an officer approves the Application for Naturalization and the applicant has taken the Oath of Allegiance.[7] USCIS will not issue a Certificate of Naturalization to a person who has not surrendered his or her Permanent Resident Card (PRC) or Alien Registration Card (ARC) evidencing the person’s lawful permanent residence. If the person established that his or her card was lost or destroyed, USCIS may waive the requirement of surrendering the card.[8]

 

 

8 is: https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-338/section-338.3

 

§ 338.3 Delivery of certificates.

 

No Certificate of Naturalization will be delivered in any case in which the naturalized person has not surrendered his or her Permanent Resident Card to USCIS. Upon a finding that the card is destroyed or otherwise unavailable, USCIS may waive the surrender of the card and the Certificate of Naturalization shall then be delivered to the naturalized person. 

 

[56 FR 50501, Oct. 7, 1991, as amended at 63 FR 70316, Dec. 21, 1998; 76 FR 53803, Aug. 29, 2011]

 

 

 

(4) Delivering Certificates When the Permanent Resident Card Is Lost .

 

No Certificate of Naturalization will be delivered in any case in which the naturalized person has not surrendered his or her Permanent Resident Card to USCIS. Upon a finding that the card is destroyed or otherwise unavailable, the District Director may waive the surrender of the card and the Certificate of Naturalization must then be delivered to the naturalized person.

 

Since waiver is available, all the OP has to do is get the police report, make sure IO at interview is aware of that and sign whatever USCIS staff asks him to sign. I don't see a reason to waste $400 for something that won't even be produced by the time of interview or oath ceremony and USCIS does not refund money easily.

[izzardmo 9]

On 11/16/2022 at 12:57 PM, Bhinda C said:

Here is my copy paste answer from another post (not mine):

 

https://www.visajourney.com/forums/topic/304585-lost-green-card-for-naturalization-interview/?do=findComment&comment=4604422

 

Yes, as per: http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=afm

 

https://www.uscis.gov/policy-manual/volume-12-part-k-chapter-3

 

C. Issuance of Certificate of Naturalization

In general, USCIS issues a Certificate of Naturalization after an officer approves the Application for Naturalization and the applicant has taken the Oath of Allegiance.[7] USCIS will not issue a Certificate of Naturalization to a person who has not surrendered his or her Permanent Resident Card (PRC) or Alien Registration Card (ARC) evidencing the person’s lawful permanent residence. If the person established that his or her card was lost or destroyed, USCIS may waive the requirement of surrendering the card.[8]

 

 

8 is: https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-338/section-338.3

 

§ 338.3 Delivery of certificates.

 

No Certificate of Naturalization will be delivered in any case in which the naturalized person has not surrendered his or her Permanent Resident Card to USCIS. Upon a finding that the card is destroyed or otherwise unavailable, USCIS may waive the surrender of the card and the Certificate of Naturalization shall then be delivered to the naturalized person. 

 

[56 FR 50501, Oct. 7, 1991, as amended at 63 FR 70316, Dec. 21, 1998; 76 FR 53803, Aug. 29, 2011]

 

 

 

(4) Delivering Certificates When the Permanent Resident Card Is Lost .

 

No Certificate of Naturalization will be delivered in any case in which the naturalized person has not surrendered his or her Permanent Resident Card to USCIS. Upon a finding that the card is destroyed or otherwise unavailable, the District Director may waive the surrender of the card and the Certificate of Naturalization must then be delivered to the naturalized person.

 

Since waiver is available, all the OP has to do is get the police report, make sure IO at interview is aware of that and sign whatever USCIS staff asks him to sign. I don't see a reason to waste $400 for something that won't even be produced by the time of interview or oath ceremony and USCIS does not refund money easily.

Thank you for this!

[annab864 55]

I have a tricky situation as well - when I was getting my I-551 stamp for travel, USCIS took my Green Card and instead handed me a photocopy of it (front and back). Obviously, USCIS has my GC, but what if they lost it or something? I am afraid the officer won’t believe me, but that’s really what happened. I wonder if this is just my case or everyone gets their cards taken away when they apply for a stamp 

[OldUser 6,602]

10 minutes ago, annab864 said:

I have a tricky situation as well - when I was getting my I-551 stamp for travel, USCIS took my Green Card and instead handed me a photocopy of it (front and back). Obviously, USCIS has my GC, but what if they lost it or something? I am afraid the officer won’t believe me, but that’s really what happened. I wonder if this is just my case or everyone gets their cards taken away when they apply for a stamp 

Most of people get their green cards taken away when getting I-551 stamp. You shouldn't worry about it. If you end up replacing passport with I-551 stamp, you would get a new one. And always keep photocopies of all of your documents for the future.

[annab864 55]

4 minutes ago, OldUser said:

Most of people get their green cards taken away when getting I-551 stamp. You shouldn't worry about it. If you end up replacing passport with I-551 stamp, you would get a new one. And always keep photocopies of all of your documents for the future.

Appreciate your answer, thank you!

[Dashinka 24,478]

5 hours ago, annab864 said:

I have a tricky situation as well - when I was getting my I-551 stamp for travel, USCIS took my Green Card and instead handed me a photocopy of it (front and back). Obviously, USCIS has my GC, but what if they lost it or something? I am afraid the officer won’t believe me, but that’s really what happened. I wonder if this is just my case or everyone gets their cards taken away when they apply for a stamp 

This same thing happened when my wife got her ADIT stamp while her I751 and N400 were pending.  When she was eventually called for her combo interview, the IO had her sign an affidavit that she no longer had her physical GC and she was told to bring that to the oath ceremony.

[annab864 55]

4 hours ago, Dashinka said:

This same thing happened when my wife got her ADIT stamp while her I751 and N400 were pending.  When she was eventually called for her combo interview, the IO had her sign an affidavit that she no longer had her physical GC and she was told to bring that to the oath ceremony.

Oh, that’s perfect, thank you!