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What Happens if Your Green Card Has Expired and You Want to Naturalize

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  • 08-25-2015, 04:56 PM
    Jim Dandy
    What Happens if Your Green Card Has Expired and You Want to Naturalize
    Folks,

    My 10-year greencard expired to my surprise, I thought it was at a later date, but I was wrong.
    I am currently employed by a large telecommunications company
    I have been married for over the 3 year period necessary for application with US citizen spouse. Even if not, I would still be eligible to apply for naturalization.

    My questions are,

    #1. - Do I need to renew my greencard before applying for naturalization if I am married to a US citizen for more than 3 years? Seems like the consensus is "no", that I do not have to renew, but I have heard many things online both supporting and refuting this claim. I'd like to hear from others who have dealt with such a case?

    #2. - If I DO have to file for a new greencard, can I apply N-400 concurrently with Greencard renewal request? Meaning, do I have to wait the 6 to 12 months to receive the greencard before applying for N-400?

    I know these "answers" are already online, but most the time they are very vague and in the comments you'll find much commotion one way or another, so just to clarify, I hope you folks don't mind if I ask here? Many blessings and thanks!
  • 08-25-2015, 05:26 PM
    llworking
    Re: Greencard Expired, but Married to Citizen -Next Step for Naturalization?
    Quote:

    Quoting Jim Dandy
    View Post
    Folks,

    My 10-year greencard expired to my surprise, I thought it was at a later date, but I was wrong.
    I am currently employed by a large telecommunications company
    I have been married for over the 3 year period necessary for application with US citizen spouse. Even if not, I would still be eligible to apply for naturalization.

    My questions are,

    #1. - Do I need to renew my greencard before applying for naturalization if I am married to a US citizen for more than 3 years? Seems like the consensus is "no", that I do not have to renew, but I have heard many things online both supporting and refuting this claim. I'd like to hear from others who have dealt with such a case?

    #2. - If I DO have to file for a new greencard, can I apply N-400 concurrently with Greencard renewal request? Meaning, do I have to wait the 6 to 12 months to receive the greencard before applying for N-400?

    I know these "answers" are already online, but most the time they are very vague and in the comments you'll find much commotion one way or another, so just to clarify, I hope you folks don't mind if I ask here? Many blessings and thanks!

    Based on what you have said in this thread I think that it would be in your best interest to hire an immigration attorney.

    I am nearly 100% certain that this is an easily resolvable problem with an immigration attorney, but something that could mess up easily if you attempt to do it without one.
  • 08-25-2015, 06:06 PM
    Mr. Knowitall
    Re: What Happens if Your Green Card Has Expired and You Want to Naturalize
    The USCIS explains,
    Quote:

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

    The safer approach is to renew your permanent Green Card before filing your N-400.
  • 08-25-2015, 06:33 PM
    Jim Dandy
    Re: What Happens if Your Green Card Has Expired and You Want to Naturalize
    Thanks for the replies, folks,

    In reality, its the cost and waiting period that I'm trying to avoid. I realize that the $350 or so for renewal is not a huge amount and that its for peace of mind, but if its not required and if marriage is a safety net, then why bother? I'd rather put it to better use. By the way, I have been in the states for 30 years. I am currently 33, and it is my own fault for not applying sooner. God knows why.

    It seems like hiring a lawyer would as much time as, cost as much as, if not more, than just renewing greencard and filing n-400?

    You folks know these things, not I =)

    Side note, my wife and I make a humble but comfortable living, although we can afford these costs, we do not have disposable money just laying around either.

    Simply trying to find the most viable, cost effective and efficient way.

    My appreciation...
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