Naturalization Application: Lost Green Card

[Mark M. 0]

Hello visajourney folks,

 

thank you for everyone who’s contributing information on this site.

 

I have somewhat of an odd situation that I’m hoping to get some information for. I wonder if anyone else may have gone through the same. I also didn’t see specific category for this, so posting here.

 

My mom is a permanent resident and is eligible to apply for citizenship since 2021. She is currently residing in the US. Given there was no rush to apply, we waited until now to start the process. Unfortunately, my mom caught Covid and developed a mental disability that she’s still suffering. After going through all her stuff, we realized her green card is lost.

 

We thought that it would help her health if she’s able to come back to our home country for a couple of months so I looked into the process to request a new green card. I knew it was gonna take some time, but was surprised the wait time is currently 23 months. I looked up wait times for citizenship and saw it was 8 months processing time, so was hoping to submit this instead. Am I able to submit this for my mom even if she lost her green card? Is the physical card needed at any point of the process?

 

I was also wondering if there’s some kind of assistance and way to request expedited processing for a green card replacement due to medical reasons?

 

Thank you so much!

 

[Dashinka 24,492]

Get a police report regarding the lost GC, file the I90, and then contact USCIS to get an I551 ADIT stamp so she has proof of her LPR status.

 

Good Luck!

[Mark M. 0]

2 hours ago, Dashinka said:

Thank you, Dashinka! This might be a better option instead of waiting for 8 months in citizenship (assuming I can submit it for her with a lost GC). Can you confirm that the I551 ADIT stamp will allow her to leave and enter the US at any point? Thanks again!

 

[OldUser 6,639]

@Mark M. ADlT stamp has 1 year validity. Yes, it allows re-entering the US at any POE.

Edited November 7, 2023 by OldUser

[Timona 4,207]

There's no expedite that you're going to get so that she goes abroad. USCIS isn't going to entertain it. 

 

As @Dashinkastated.

[mam521 2,062]

It may or may not be 8 months.  The Citizenship applications are going pretty quickly.  In my case, I filed, had my NOA the next day, biometrics issued for a month later and then my account said 7 months until a decision and it was 3.  So, just be aware that it could move a lot faster and your mother will have to pass the civics test.  

 

Do as Dashinka said, file the police report, I-90 and get an ADIT stamp.  Your mother will have to surrender her greencard at the naturalization ceremony, so it is needed.  In this case, it will be surrendering the replacement paperwork.  

[Mark M. 0]

Thank you, all!

 

I was thinking, to be cost effective, I’m going to file the I-90 and get the ADIT stamp so she can travel. She’ll then receive the replacement green card (hopefully faster than 23 months), then I’ll work on her citizenship application maybe next year or so. This way, I’m only paying for replacement green card and ADIT stamp and don’t need to pay for citizenship application until later.

 

Also, with the police report, this is needed for the ADIT stamp and not the actual I-90 application, correct?

[mam521 2,062]

I believe the I-90 asks if a police report was filed for the missing GC.  You'll have to look at the instructions.  

 

Don't hold your breath about getting the card soon.  We had to do biometrics and file an I-90 for Kid1 when they turned 14.  We JUST received the new greencard - it was 2.5 years ago that we sent the info off.  I'd forgotten about it, TBH!  

 

Also keep in mind Mom can't be out of the US for too long as a PR.  It will not only impact her PR status (depending on time away, you might need an I-131 Reentry permit), but it potentially impacts her continuous residency requirement for naturalization which has a knock on for her eligibility to apply.  You'll know the details more intimately.  It might actually be worth it to get her citizenship first so then you don't have to worry if she stays out of country for longer than anticipated.  Just food for thought.  

[Mark M. 0]

@mam521 thank you so much! I will make sure to read all the details and information from USCIS website to not miss anything important.

 

I’m mostly thinking a couple of months for her to be back home to see if that would help her condition. She’s 7 years in as a PR so I believe two months should be ok, but I’ll check the details of citizenship requirements. Unfortunately, I couldn’t wait for the citizenship to be filed and granted before I take her back home. Also, I don’t believe I can file for the citizenship without the physical card (GC), I do not have a copy of it.

[B C 18]

On 11/7/2023 at 9:58 AM, mam521 said:

It may or may not be 8 months.  The Citizenship applications are going pretty quickly.  In my case, I filed, had my NOA the next day, biometrics issued for a month later and then my account said 7 months until a decision and it was 3.  So, just be aware that it could move a lot faster and your mother will have to pass the civics test.  

 

Do as Dashinka said, file the police report, I-90 and get an ADIT stamp.  Your mother will have to surrender her greencard at the naturalization ceremony, so it is needed.  In this case, it will be surrendering the replacement paperwork.  

Agree with everything. Good advice in thread. Only one bit is wrong,:

 

> will have to surrender

 

USCIS Manual & Citizenship Act doesn't agree with above. No need to surrender IF (BIG IF) GC is lost or unavailable.

 

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.
 

 

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

[Mark M. 0]

@B C thank you for that information.

 

In my case, I’m trying to get my mom to be able to travel as soon as possible. It seems that filing an GC replacement (I-90) and getting an ADIT stamp would be the fastest waiting time over waiting for the naturalization be granted. Or is filing N-400 would also allow you to get an ADIT stamp for travel purposes?

[OldUser 6,639]

8 hours ago, Mark M. said:

@B C thank you for that information.

 

In my case, I’m trying to get my mom to be able to travel as soon as possible. It seems that filing an GC replacement (I-90) and getting an ADIT stamp would be the fastest waiting time over waiting for the naturalization be granted. Or is filing N-400 would also allow you to get an ADIT stamp for travel purposes?

She needs a proof of being a LPR. That's ADIT stamp. Filing for N-400 doesn't result in getting the stamp.

Edited November 10, 2023 by OldUser

[mam521 2,062]

On 11/10/2023 at 9:51 AM, OldUser said:

She needs a proof of being a LPR. That's ADIT stamp. Filing for N-400 doesn't result in getting the stamp.

^^^^ Exactly this.  This is what I was eluding to with the police report, the NOA that the request for replacement has been filed and the ADIT stamp.  That will suffice as proof of PR and will serve as the missing greencard.  

[Mark M. 0]

Hi all, I just want to give an update on this. I was able to get the ADIT stamp very smoothly. They did not need or asked anything at least for my mom’s case. They just needed the application for the replacement green card, I-90. 
 

The only struggle was the part of making the appt. In order to make an appt you’ll need to call the call center and be placed in the queue to be called by an immigration officer. They can call as early as 7am local time, so you’ll have to be watching your phone all the time. If you miss the call you will need to call back the call center and be placed again in the queue.

 

The immigration officer when you get the call will determine if you need an appt or they can simply mail the ADIT stamp to you. My mom was scheduled an appt since her address had a discrepancy (I used my address in her app as I wasn’t to receive all communications).

[Mark M. 0]

Thank you all so much for providing insights and sharing your knowledge and experience!

 

I’ll be submitting my mom’s naturalization application in the next few months.