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Filed: Citizen (apr) Country: Australia
Timeline
Posted

Is it possible to apply with the green card being expire?

is it a 10 year card?

Filed: Other Timeline
Posted

Nope.

It has to be valid at the time your N-400 is being stamped "RECEIVED".

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Posted

Nope.

It has to be valid at the time your N-400 is being stamped "RECEIVED".

Wrong. As long as he has his 10-yr card he's good to go. Card may have expired, but not his PR status.

ROC 2009
Naturalization 2010

Posted

Nope.

It has to be valid at the time your N-400 is being stamped "RECEIVED".

I agree with Brother Hesekiel. The general info floating on the web is as follows:

If your Green Card will not expire for at least another six months and you meet the requirements to apply for citizenship, then you may choose to apply for citizenship instead of renewing your Green Card.

I interpret this that you can apply for citizenship if your card has at least 6 months validity left. This also means (most likely) that you do not need to renew your green card if the naturalization process takes longer than 6 months. If your card has already expired, then you need to renew it before you can file for N-400. Any additional thoughts on this?

Filed: Citizen (apr) Country: Australia
Timeline
Posted

I agree with Brother Hesekiel. The general info floating on the web is as follows:

If your Green Card will not expire for at least another six months and you meet the requirements to apply for citizenship, then you may choose to apply for citizenship instead of renewing your Green Card.

I interpret this that you can apply for citizenship if your card has at least 6 months validity left. This also means (most likely) that you do not need to renew your green card if the naturalization process takes longer than 6 months. If your card has already expired, then you need to renew it before you can file for N-400. Any additional thoughts on this?

I agree with your analysis.

.

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

Cannot work nor travel with an expired green card whether its a conditional or ten year. Can go in for an inforpass appointment to see if they will extend it with an I-551 stamp or a I-94 application, but only if you sent in your money and applied for a new card.

Sure doesn't look very good to go in for an interview with an expired card in either case, government goes by dates.

Don't get caught driving with a one days expired drivers' license either, will fine you as if you never had that license. In this country 55 means 55 and April 15th means April 15th. Its up to you to keep yourself legal and all aspects.

Posted

Nope, nowhere in the adjudicators manual does it say the card has to be current - as long as he has it and can prove his whereabouts in the US (residency length) he is fine:

As long as he is legal permanent resident with a green card, no issues.

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

ROC 2009
Naturalization 2010

Filed: Timeline
Posted

This if for my wife and the Card is set to expired at the end of this month. Instead of renewing the card we were thinking of applying for US Citizenship without renewing the card that way we don't have to pay two fees.

No problem. Get the application in the mail this month, sooner the better.

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Nope, nowhere in the adjudicators manual does it say the card has to be current - as long as he has it and can prove his whereabouts in the US (residency length) he is fine:

As long as he is legal permanent resident with a green card, no issues.

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

I looked at the source that you linked (which is very interesting, by the way, so thank you for that!)

Chap 74.2(a)(2)(6), states that "If the applicant’s PRC is about to expire, or has expired, you will need to take additional steps." It then references Chap 73.1, which doesn't appear to say anything on-point. But it seems that PRC can expire.

Marriage: 09-22-2007

Conditional Residence

I-130 Sent: 10-10-2007

I-130 Approved: 06-03-2008 (236 days from VSC receipt to approval)

Case Complete at NVC: 07-30-2008 (52 days from NVC receipt to approval)

Consulate Interview date: 09-24-2008

POE Miami: 10-04-2008

Removal of Conditions

I-751 Sent: 07-08-2010

NOA1 Date: 07-12-2010

Biometrics Appt.: 09-01-2010 (Early Bio 08-13-2010)

Approved: 11-03-2010 (114 days from VSC receipt to approval)

GC Rec'd: 11-06-2010

Citizenship

N-400 Sent: 07-08-2011

Confirmation Text Message: 07-14-2011

NOA Priority Date: 07-12-2011

Biometrics Letter Rec'd: 08-01-2011

Biometrics Appt.: 08-19-2011 (Early Bio 08-12-2011)

"Placed in Line" Email and Touched: 08-16-2011

"Interview Scheduled" Email and Touched: 12-23-2011

Rec'd Interview Letter: 12-27-2011

Interview Passed: 01-30-2012

Email from Senator's Office Stating Application Was Approved: 06-18-2012

"Oath Scheduling Que" Email and Touched: 07-03-2012

Given Oath Date at InfoPass Appt. and Touched: 08-28-2012

Rec'd Oath Date Letter in Mail: 09-01-2012

Oath Date: 09-27-2012

Posted (edited)

Read Question 24 and the answer to it from the USCIS A Guide to Naturalization M-476 (http://www.uscis.gov/files/article/M-476.pdf) on page 13:

Q: If my Permanent Resident Card expires while I am applying for naturalization, do I still need to apply for a new card?

A: If you apply for naturalization 6 months or more before the expiration date on your

Permanent Resident Card (formerly known as an Alien Registration Card or “Green

Card”), you do not have to apply for a new card. However, you may apply for a renewal

card if you wish by using an “Application to Replace Permanent Resident Card” (Form I-

90) and paying the appropriate fee. Call the USCIS Forms Line or visit www.uscis.gov.

If you apply for naturalization less than 6 months before the expiration date on your

Permanent Resident Card, or do not apply for naturalization until your card has already

expired, you must renew your card.

Edited by nwctzn
Filed: Citizen (apr) Country: Colombia
Timeline
Posted

Not explicitly stated because it is assumed you must keep your green card current. You can neither work nor travel with an expired green card. Is a loophole, however, get your US citizenship certificate.

As a green card holder, always must keep the USCIS informed to your current address, and green card law says you must always carry it with you. Now regarding the penalties for not doing so, that is completely nebulous. Question is, do you want to take the risk?

Only thing I could find on the I-90, will be rejected if you apply over six months too soon, nothing about being late.

Also state dependent, in Wisconsin, your employer will be severely fined with an expired green card, will go against your work record and try and find another job with that on your record. And you will never renew your drivers' license with an expired card. And sure can't travel out of the country. Check with your state laws on this issue.

You can play games with various interpretations of the law, but remember, you are dealing with the USCIS, and you would be far better off to be safe than sorry.

Now if you are just planning on hiding up in the attic, then you can safely say, no problems.

 
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