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Applying for Naturalization but Green Card expiring

Applying for Naturalization but Green Card expiring

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Old Oct 26th 2009, 8:02 pm
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Default Applying for Naturalization but Green Card expiring

Hi,
My Green Card expires Nov 17, 09.
I've debated whether to just renew the Green Card ($370 inc. biometrics) or go for Citizenship ($675 inc. biometrics). (I think I have those figures correct.)

I think Citizenship is the route for me... (although the only real advantage I see, from the list of benefits I've seen listed, is if I ever wanted to marry a non-US citizen...)

If I apply for Naturalization now, it obviously won't be completed by the time my Green Card expires. Will I still be able to leave the US to visit the UK if there's a family emergency?
Many thanks for any advice,
Richard
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Old Oct 26th 2009, 8:15 pm
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Default Re: Applying for Naturalization but Green Card expiring

While the GC might expire your status as a Permanent Resident doesn't. But if you had to leave in an emergency and only had an expired GC what problems that might cause I'll leave to the more knowledgeable posters.

By the way the timelines for people who applied for Naturalization at a California office at the same time I did is about 10 - 12 weeks. In fact some who applied in September are getting their interviews in November. So if you jump in now you might not be without up todate paperwork for many weeks.

Last edited by lansbury; Oct 26th 2009 at 8:18 pm.
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Old Oct 26th 2009, 8:31 pm
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Default Re: Applying for Naturalization but Green Card expiring

If you got the application in, you could probably get a temp stamp in your passport by making an infopass appointment I'd imagine.
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Old Oct 26th 2009, 9:59 pm
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Default Re: Applying for Naturalization but Green Card expiring

Originally Posted by Richard92024
Hi,
My Green Card expires Nov 17, 09.
I've debated whether to just renew the Green Card ($370 inc. biometrics) or go for Citizenship ($675 inc. biometrics). (I think I have those figures correct.)

I think Citizenship is the route for me... (although the only real advantage I see, from the list of benefits I've seen listed, is if I ever wanted to marry a non-US citizen...)

If I apply for Naturalization now, it obviously won't be completed by the time my Green Card expires. Will I still be able to leave the US to visit the UK if there's a family emergency?
Many thanks for any advice,
Richard
Leaving the US for the UK won't be the problem, the problem would be in getting back to the US. You could either get a temp stamp before departing; get a transportation letter from the consulate before seeking to fly back; or fly to Canada or Mexico and drive back and present the expired card.
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Old Oct 27th 2009, 7:11 pm
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Default Re: Applying for Naturalization but Green Card expiring

Many thanks for the replies...
Where would I get the "temporary stamp?" Is that US Immigration?
The "transportation letter" from the British consulate sounds like it might be easier...

(I live just north of San Diego... if I could go there instead of Los Angeles, it would be a lot easier... but obviously I'll go wherever I need to...)

Thanks for your help!
Richard
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Old Oct 27th 2009, 7:46 pm
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Default Re: Applying for Naturalization but Green Card expiring

Originally Posted by Richard92024
Many thanks for the replies...
Where would I get the "temporary stamp?" Is that US Immigration?
The "transportation letter" from the British consulate sounds like it might be easier...

(I live just north of San Diego... if I could go there instead of Los Angeles, it would be a lot easier... but obviously I'll go wherever I need to...)

Thanks for your help!
Richard
You'd have to seek the temp stamp from the USCIS near your residence. They will likely want you to have a pending N-400 or I-90 before you will get the stamp. The US consulate outside the US, not the British consulate, can issue transportation letters for a fee.
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Old Oct 27th 2009, 7:47 pm
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Default Re: Applying for Naturalization but Green Card expiring

Originally Posted by Richard92024
Many thanks for the replies...
Where would I get the "temporary stamp?" Is that US Immigration?
The "transportation letter" from the British consulate sounds like it might be easier...

(I live just north of San Diego... if I could go there instead of Los Angeles, it would be a lot easier... but obviously I'll go wherever I need to...)

Thanks for your help!
Richard
You make an InfoPass appointment for your local office (determined by zip code). If it were me, I'd take copies of proof that I'd filed N-400, and I'd ask really really nicely.
I wouldn't recommend leaving the US with expired documentation and no stamp.

T'was discussed at length here last month: Green Card is expiring and thinking about applying for Citizenship - please help!!?
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Old Oct 27th 2009, 11:14 pm
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Default Re: Applying for Naturalization but Green Card expiring

Many thanks for the excellent advice
I just made an InfoPass appointment to see an immigation officer... in only 2 days time! (Government offices can be that efficient?!
I'll find out more info about getting a temporary stamp... I know I haven't filled in the N-400 form yet, but this will be a useful appointment, hopefully...
I'll post back my findings...
Cheers,
richard
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Old Oct 29th 2009, 6:09 am
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Default Re: Applying for Naturalization but Green Card expiring

Originally Posted by meauxna
You make an InfoPass appointment for your local office (determined by zip code). If it were me, I'd take copies of proof that I'd filed N-400, and I'd ask really really nicely.
I wouldn't recommend leaving the US with expired documentation and no stamp.

T'was discussed at length here last month: Green Card is expiring and thinking about applying for Citizenship - please help!!?
I actually just noticed this post before I realized that meauxna had referenced my original post.

Just wanted to share some info that when I went to my biometrics appt, there was a I-90 processing desk and so I went to chat with the woman there while I waited. I told her that I was waiting to do my biometrics and hoping to be naturalized as soon as possible but that my greencard would be expiring soon and what could I do if I didn't have my oath ceremony yet. I'd also heard about the stamp you could get so wanted to ask about this. She said, that I couldn't get that and that I would need to complete the I-90 form (and pay of course) if I didn't get my citizenship in time

Not sure how accurate that is and I haven't made an infopass appt yet, as I'm holding out to see how it goes, although I have more time left on mine than you do (01/31/10)

Good luck!
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Old Oct 29th 2009, 6:42 pm
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Default Re: Applying for Naturalization but Green Card expiring

Originally Posted by hollywoodgirl
I actually just noticed this post before I realized that meauxna had referenced my original post.

Just wanted to share some info that when I went to my biometrics appt, there was a I-90 processing desk and so I went to chat with the woman there while I waited. I told her that I was waiting to do my biometrics and hoping to be naturalized as soon as possible but that my greencard would be expiring soon and what could I do if I didn't have my oath ceremony yet. I'd also heard about the stamp you could get so wanted to ask about this. She said, that I couldn't get that and that I would need to complete the I-90 form (and pay of course) if I didn't get my citizenship in time

Not sure how accurate that is and I haven't made an infopass appt yet, as I'm holding out to see how it goes, although I have more time left on mine than you do (01/31/10)

Good luck!
Unless you were speaking to someone who could actually to give you a stamp or not take it with a grain of salt.
Many of the ASCs are contracted to non-USCIS staff and some USCIS staff may not know all the rules and policies, maybe only the ones they need for their job.
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Old Oct 29th 2009, 8:03 pm
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Default Re: Applying for Naturalization but Green Card expiring

There are quite a few people who wait years for naturalization because of various problems. I could see why they'd want to encourage people to keep a valid card. They probably want to issue yearly temp stamps for someone just because they filed the N-400.
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Old Oct 30th 2009, 3:40 pm
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Default Re: Applying for Naturalization but Green Card expiring

Originally Posted by meauxna
Unless you were speaking to someone who could actually to give you a stamp or not take it with a grain of salt.
Many of the ASCs are contracted to non-USCIS staff and some USCIS staff may not know all the rules and policies, maybe only the ones they need for their job.
Thanks for this. I agree. If I need to, I'll make an infopass appointment. I've been out of the state for a week and am going home tonight and am keeping my fingers crossed that there is an appointment notice waiting for me. So far it seems like I don't need to worry about extending my greencard because everything is moving along so quickly!
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Old Oct 31st 2009, 12:27 am
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Default Re: Applying for Naturalization but Green Card expiring

Hello,

I am reading through both your question and some of the replies. You do not need to renew your green card to naturalize. The issue, as others have suggested, is traveling on an expired GC while you have a pending N-400.

One of the replies suggests getting a temporary stamp in your passport with an N-400 receipt. I do not believe USCIS will grant this request. If you have already done your INFOPASS and succeeded, let us know. By the way, you cannot forum shop between LA and SD. If you are under SD's jurisdiction, that is the office you must use.

If you know you have to travel, your better course of action will be to file the I-90 and pay the $370. If, hypothetically, you do not receive this temporary stamp, (and I do not believe you will) and have to travel, then you will end up paying more than $370 to get back in. CBP (US Customs & Border Protection) has the discretion to process you for an I-193, an application for Waiver of Pasport and/or Visa. The filing fee for this is $545. It is discretionary for CBP. It they do not want to process this, you can renew your waiver request in removal proceedings. That could be a big headache for you. You should have good cause to demonstrate to CBP if you travel under these circumstances. Otherwise, I would just pay the I-90 filing fee and call it an insurance payment in case you have to travel before naturalizing.


Originally Posted by Richard92024
Hi,
My Green Card expires Nov 17, 09.
I've debated whether to just renew the Green Card ($370 inc. biometrics) or go for Citizenship ($675 inc. biometrics). (I think I have those figures correct.)

I think Citizenship is the route for me... (although the only real advantage I see, from the list of benefits I've seen listed, is if I ever wanted to marry a non-US citizen...)

If I apply for Naturalization now, it obviously won't be completed by the time my Green Card expires. Will I still be able to leave the US to visit the UK if there's a family emergency?
Many thanks for any advice,
Richard
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Old Oct 31st 2009, 2:07 am
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Default Re: Applying for Naturalization but Green Card expiring

Originally Posted by John Manley
Hello,

I am reading through both your question and some of the replies. You do not need to renew your green card to naturalize. The issue, as others have suggested, is traveling on an expired GC while you have a pending N-400.

One of the replies suggests getting a temporary stamp in your passport with an N-400 receipt. I do not believe USCIS will grant this request. If you have already done your INFOPASS and succeeded, let us know. By the way, you cannot forum shop between LA and SD. If you are under SD's jurisdiction, that is the office you must use.

If you know you have to travel, your better course of action will be to file the I-90 and pay the $370. If, hypothetically, you do not receive this temporary stamp, (and I do not believe you will) and have to travel, then you will end up paying more than $370 to get back in. CBP (US Customs & Border Protection) has the discretion to process you for an I-193, an application for Waiver of Pasport and/or Visa. The filing fee for this is $545. It is discretionary for CBP. It they do not want to process this, you can renew your waiver request in removal proceedings. That could be a big headache for you. You should have good cause to demonstrate to CBP if you travel under these circumstances. Otherwise, I would just pay the I-90 filing fee and call it an insurance payment in case you have to travel before naturalizing.
Counselor, I have to disagree on one aspect of your post. CBP will let people back in with an expired resident alien card, as long as it's not conditional. They will not do an I-90 or require an I-193 waiver for an expired card.

The problem is that the airline will often not board someone with an expired resident alien card.
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Old Oct 31st 2009, 4:20 pm
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Default Re: Applying for Naturalization but Green Card expiring

I agree that the airlines require documentation. Arriving by plane is not the only way to enter this country.

However, I disagree with the rest of what you are saying. That is the express purpose of the I-193. CBP does not process I-90s.



Originally Posted by crg
Counselor, I have to disagree on one aspect of your post. CBP will let people back in with an expired resident alien card, as long as it's not conditional. They will not do an I-90 or require an I-193 waiver for an expired card.

The problem is that the airline will often not board someone with an expired resident alien card.
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