Did I leave this too late (re: Citizenship/GC renewal)

Pahars

New Member
I'm a British citizen living in the States and my 10 year regular US green card expires at the end of November. I am debating whether to get a 10 year extension or apply for citizenship. (I know the pros and cons of each and I'm fairly easy either way although I'd prefer to get the latter)

From posts I have read, if I apply for citizenship, I gather I might be liable to pay for a GC as well - as my status will probably lapse before I receive a date for my ‘oath’.

I am on the fence at the moment as to what to do – I really do not want to fork out for two fees.( I realize I should have considered my options several months ago too!)

Also - I may be travelling internationally in December. If I decide to get citizenship – would I be entitled to an I-551 or ADIT stamp (or equivalent) on my ‘expired’ card or current British passport? Would I need one, or would receipt proof of pending citizenship be enough to satisfy immigration control?

I understand that if I am travelling during a pending GC renewal application, I’d be entitled to the stamp/sticker.


Any advice would be greatly appreciated. thanks!
 
There is an FAQ (not sure how old it is), see Q24, that says if you file for naturalization less than 6 months before your card expires, you will have to apply to renew it. So it's unavoidable for you now.

Prior to becoming a citizen, you are a permanent resident. To travel, you need documents showing you're a permanent resident. When you apply for renewal of the green card or after, you can get an I-551 stamp on your passport, which is equivalent to a green card. If you applied for naturalization more than 6 months before your green card expires, then you would probably be entitled to get an I-551 stamp on your passport when the card is close to expiring because you are naturalizing; but that is not the case here.
 
If you apply for your citizenship 6 months or more before you green card expires, you don't need to renew your gc. If, as in your case, it's less than 6 months, you'll need to renew it. That begs the question then, do you bother applying for citizenship for another 10 years, i.e. saving your money until the future.

FWIW, I applied for my citizenship 7 months from my gc expiring. I've just completed my interview and awaiting oath appointment. By the looks of the next available oath ceremony in L.A., Sept. 17, my gc will have been 3 days expired.
 
Thanks for the clarification. GC it is then. (Citizenship, you can wait...)

djh - out of interest, do you expect them to kick up a fuss, bearing in mind you started the application process in good time?
 
No as I had checked this out ahead of time and new I was ok if I had filed at least 6 months in advance.
 
To be fair, you can TRY to apply for citizenship and see if they hassle you about your GC expiry date during your interview (which is the only time they are likely to do so, IMO). The problem is, of course, that in this scenario, you can't really travel abroad (unless you get a REALLY nice person at your Infopass appointment - fat chance!).
 
It's been awhile since I've been on this site, since I've received my U.S. citizenship.

I was in the similar situation, my brother was getting married in August 2009. I found out in January 2009. Below is my timeline:

TSC - Tampa DO (TSC - Texas Service Center)
03/25/1996 : L-1A Intracompany Transfer Work Visa (no Green Card required)
04/18/1997 : My Wedding Day!
08/09/1999 : Recieved Permanent Residency (Green Card - GC)
01/30/2009 : Certified Mail N-400 to Texas Lockbox.
02/02/2009 : Priority Date.
02/05/2009 : Notice Date.
02/06/2009 : Check Cashed ($675).
02/10/2009 : NOA Received ( I-797C) Notice Of Action
02/17/2009 : FingerPrint Notice Received ( I-797C).
03/03/2009 : FingerPrint Appointment & Done.
03/13/2009 : Interview Letter (IL).
04/30/2009 : Interview Date (ID) APPROVED!!!
05/25/2009 : Oath Letter (OL).
06/17/2009 : Oath Date (OD).
06/17/2009 : Passport (Applied)
07/17/2009 : Passport (Received)

It 6 months, from dropping my application in the mail to receiving my passport. But, all in all, this site (forums.immigration.com) was a tremendous help.

If I were you, get your U.S. citizenship. I had a choice of renewing my Green Card or getting citizenship. My 10-year Green Card was about expire. I fellow Canadian friend of mine said to get your U.S. citizenship. Only because, U.S. Immigration and Customs Enforcement (ICE) can kick you out of the country for any reason. Once you are an American they can't do that. And I still get to keep my Canadian citizenship.

I hope this helps.
 
I think it's a bit irresponsible of you to suggest he just roll the dice and apply for his citizenship. (cafeconleche)

This is the stance USCIS have on the matter:

https://www.facebook.com/uscis/posts/615065171838040

His application for citizenship may well get approved before his GC expires, but then again it might not. His DO may change focus and timeslines change. Last year my wife and daughter got their citizenship at Santa Ana DO in 90 days exactly, earlier this year my other son and daughter took 5 months, now mine is taking 7 months.

What if he doesn't get approved, for whatever reason? While generally he shouldn't have any issues, there is a minefield of potential legal problems and when it comes to your status, I think you want to err on the side of caution instead of encouraging a take your chances attitude. Just my opinion.
 
I said TRY, implying it wasn't a sure thing. I never said it was guaranteed. They won't reject him just because his GC has expired. What they COULD do is ask him to apply for a renewal so that the application can continue. Or, they could let it slide and approve him. I think Jackolantern has mentioned that this is possible.

Anyway, the OP needs to travel, so this is too much of a risk in terms of time.
 
I am in a similar boat as Pahars (My GC expires in Feb'15) and this forun did make it clear that I should first renew my GC. One thing that I am still unclear about is what if my GC renews after the current one expires. Would I be able to legally work and travel during that time? Does someone know? Thanks in advance!
 
I am in a similar boat as Pahars (My GC expires in Feb'15) and this forun did make it clear that I should first renew my GC. One thing that I am still unclear about is what if my GC renews after the current one expires. Would I be able to legally work and travel during that time? Does someone know? Thanks in advance!
It's legal for you to work and travel but you won't have any documentation to show that you can travel, unless you get an I-551 stamp or get the new card. Same for work except that if you have an unrestricted Social Security card that will also work.
 
Excellent! I did a quick search on 551. Can it be stamped in local immigration office before the travel or only at the airport during entry? Thanks Much!
 
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