Naturalization interview is scheduled after the Green Card expires

[essp]

Hi,

My wife's Green Card (10 year) is going to expire in next month (2nd week of November). She had applied for US Citizenship earlier and didn't apply for the renewal of Green Card with the hope that the naturalization process for the US citizenship will be over before the GC expires. Now the interview for the naturalization has been scheduled after 5 days of the expiry of the GC. Should she apply for her GC renewal through I-90 form now? Is it required to have a non-expired Permanent Resident Card at the time of Naturalization interview? Please advise.

Thanks,
Makan

 

[Jackolantern]

The rule is that one should have a valid green card or have applied for renewal, unless there was more than 6 months remaining on the GC when the naturalization application was submitted.

Some interviewers will accept the expired GC. But if she filed the N-400 with less than 6 months remaining on the GC, a strict officer could demand that she applies for renewal, and delay the case until she submits proof of the renewal application.

When she filed the N-400, was there more than 6 months remaining on the GC?

 

[essp]

The rule is that one should have a valid green card or have applied for renewal, unless there was more than 6 months remaining on the GC when the naturalization application was submitted.

Some interviewers will accept the expired GC. But if she filed the N-400 with less than 6 months remaining on the GC, a strict officer could demand that she applies for renewal, and delay the case until she submits proof of the renewal application.

When she filed the N-400, was there more than 6 months remaining on the GC?

Thanks much for the reply! She filed for N-400 just 3 months before her GC is going to expire.

 

[BigJoe5]

Hi,

My wife's Green Card (10 year) is going to expire in next month (2nd week of November). She had applied for US Citizenship earlier and didn't apply for the renewal of Green Card with the hope that the naturalization process for the US citizenship will be over before the GC expires. Now the interview for the naturalization has been scheduled after 5 days of the expiry of the GC. Should she apply for her GC renewal through I-90 form now? Is it required to have a non-expired Permanent Resident Card at the time of Naturalization interview? Please advise.

Thanks,
Makan

Only a COMPLETE IDIOT USCIS Officer would care about this. IF she encounters one, ask for a supervisor and that moron will get straightened out.

 

[essp]

Only a COMPLETE IDIOT USCIS Officer would care about this. IF she encounters one, ask for a supervisor and that moron will get straightened out.

We spoke to USCIS Customer Support this morning and the agent said that we need to have a valid non-expired GC before going for the naturalization interview. The agent was simply reading from their knowledge base. She said that she knows that unnecessarily we will spend close to $500 on GC renewal, but we should have the non-expired GC at the time of naturalization interview. I am not sure if it is worth taking an INFOPASS appointment and speak to their official directly? Thanks!

 

[BigJoe5]

We spoke to USCIS Customer Support this morning and the agent said that we need to have a valid non-expired GC before going for the naturalization interview. The agent was simply reading from their knowledge base. She said that she knows that unnecessarily we will spend close to $500 on GC renewal, but we should have the non-expired GC at the time of naturalization interview. I am not sure if it is worth taking an INFOPASS appointment and speak to their official directly? Thanks!

There is NO STATUTORY basis to demand that you pay for a new greencard in this situation. INA 318 says that YOU have the burden of proof to show that you are an LPR however, that same INA section says that USCIS has to cough up your immigration records for you to use as that proof. Since your N-400 is in your A-file, your record is right there already and they cannot demand that you waste money applying for a new greencard which they could deny if you naturalize before it is processed!

 

[essp]

There is NO STATUTORY basis to demand that you pay for a new greencard in this situation. INA 318 says that YOU have the burden of proof to show that you are an LPR however, that same INA section says that USCIS has to cough up your immigration records for you to use as that proof. Since your N-400 is in your A-file, your record is right there already and they cannot demand that you waste money applying for a new greencard which they could deny if you naturalize before it is processed!

Thanks BigJoe5 and to all others who provided guidance earlier. We went to the local USCIS office after scheduling an INFOPASS appointment and spoke to the Immigration Officer. She immediately extended my wife's GC for 6 more months by stamping in her passport.

 

[BigJoe5]

Thanks BigJoe5 and to all others who provided guidance earlier. We went to the local USCIS office after scheduling an INFOPASS appointment and spoke to the Immigration Officer. She immediately extended my wife's GC for 6 more months by stamping in her passport.

That' one way to make a molehill out of a mountain.