applying with expired green card?

R

robertz

New Member
Hello,
I have a expired green card and I wish to apply for citizenship. I have been a permanent resident for over 10 years. However, my green card has been expired now for 5 months. Can I still apply for citizenship with an expired green card? it is recommended to do so? I'm in my early 20's and recently graduated college. I have a clean record. The last time I was out the country would be 2 years ago for a couple month stay in Poland over the summer.
 
It's unclear whether you would have to apply to renew your green card first or not. At one point there used to be an FAQ answer that said that if your green card is valid for less than 6 months you have to apply to renew it first before applying for naturalization, but that answer has been removed.
 
I think the advisory still applies. You can try to file the N400 without renewing, but if they decide to make you renew during the process, it could be heavily delayed.
 
I understand you're trying to save the money on renewing your green card. $540 is not chump change. However ask yourself how much is your time and aggravation worth? You could have your naturalization petition delayed by some callous interview officer because of an expired green card. If naturalization is not urgent, and saving the money is more important, file with the expired green card. If your application gets delayed while you are required to get a new green card, you only lose 3 months or so. If you're going to be traveling in the time between now and naturalization, you may want to get the replacement.

If it were me, I would try to apply with the expired Green Card and save some $$.
 
The above post by Ananga73 is bad advice and promoting baseless and unnecessary fear to you.

Fact is that you have permanent residency. The card expires but your status does not.

An expired GC card does not have an effect on the LPR status itself, it only limits its usage as e.g. travel document for border crossings. This this is much akin to e.g. an expired passport does not expire a citizenship per se.

You don't need to worry about renewing it. Should it even be brought up during your interview, state the same and say I was debating if I should renew it or just apply for my citizenship and decided to do that instead. The reality is you won't even be asked.
 
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Thank you for all the information. One last question. If I go through with the citizenship, will I get any sort of document or stamp that would show that I am in the process of becoming a citizen. The reason I ask is that I lost my drivers license and I cannot renew my license with my expired green card. So will I get anything that will allow me to go to the DMV and show them that I am in fact a legal resident.
 
Once you apply for either naturalization or renewal of green card, you can immediately make an InfoPass appointment to go in to your local USCIS office to get an I-551 stamp. This is equivalent to a green card in every way.
 
djh said:
The above post by Ananga73 is bad advice and promoting baseless and unnecessary fear to you.

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Bad advice and promoting baseless and unnecessary fear? You may want to educate yourself and check online for the countless cases where people have asked this same question and the answer provided by attorneys before making your own accusations. Do some research before accusing people.

http://www.alllaw.com/articles/nolo/us-immigration/applying-citizenship-expired-green-card.html#

http://asianjournal.com/immigration/applying-for-naturalization-with-expired-green-cards/

The US Citizenship and Immigration Service (USCIS) has posted some guidance as to when immigrants should renew their permanent resident cards even if they are filing for citizenship. The USCIS has indicated in its website that “if you apply for naturalization 6 months or more before the expiration date on your Permanent Resident Card…, you do not have to apply for a new card… 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.”
 
ananga73 said:
Bad advice and promoting baseless and unnecessary fear? You may want to educate yourself and check online for the countless cases where people have asked this same question and the answer provided by attorneys before making your own accusations. Do some research before accusing people.
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ananga73 said:
(see links above)
The US Citizenship and Immigration Service (USCIS) has posted some guidance as to when immigrants should renew their permanent resident cards even if they are filing for citizenship. The USCIS has indicated in its website that “if you apply for naturalization 6 months or more before the expiration date on your Permanent Resident Card…, you do not have to apply for a new card… 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.”
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My GC expires in less than 6 months. Can I apply for naturalization alongside my GC renewal?
 
I sent in the N400 back in September a few months before my Green Card expired. It expired while I was waiting. I did the interview and oath yesterday.

Doesn't mean it will be the same for everyone obviously but in my case nobody cared I had an expired card, wasn't even brought up. All they cared about was the date that I was granted residency.
 
If your green card has expired, you continue to be a permanent resident of the United States. You do not lose your immigration status. However, the physical card that proves your status is expired and generally not valid for most uses. You may apply for citizenship with an expired green card.
 
BIG DADDY said:
Did any one applied for green card renewal and got Approved with crimnal conviction.
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Depends on what the conviction is. Is it a CIMT with a potential sentence of 1 year or more as per the state/federal law? This can trigger deportation potentially. I strongly suggest getting an attorney review the case.
 
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