EnglishInWisconsin

My situation:

Originally from the UK (UK passport holder). Married to US Citizen, with US and UK passports. We have lived in the US for the last 10 years with only temporary travelling of no more than two weeks at a time.

My 10 year Green Card recently expired just last month (March 2019). Upon realizing this, I applied for US Citizenship (N-400, April 2019) and did not account for the glacial pace of the naturalization process. I have a biometric appointment in two weeks. Now I find that I have to travel back to the UK to see my Mother and have a non-refundable vacation booked for September. I'm kicking myself for this oversight/stupidity (depending on whether you ask me or my wife). Would someone be able to educate me on my options?

I don't like the idea of travelling on an expired Green Card but trying to get back into the US with the expired card and risking it seems like it might be my only available option.

Noorah101

Make an appointment at your local USCIS office and get an I-551 stamp in your passport.

Rene

sun_burn

This can be done by calling them, and escalating to an L2 agent if necessary. They'll make an appointment for you, whereupon you get an I-551 stamp on your passport extending the validity of your GC. Never done it myself though - when I was in the same situation, I too filed my N-400 and it was approved weeks before my GC expired.

EnglishInWisconsin

Thank you for replying, Rene.

Per your advice, I just got off the phone with my local USCIS office in Milwaukee. I was informed that I could only have received an I-551 stamp if I had applied using the N-400 form before my Green Card expired. They told me that paying $500+ to renew my Green Card would be the way forward. It's disappointing, having paid a filing fee of $750ish for the N-400 form a week ago. This application (I-90) will take a number of months too so I'm no better off.

Does this seem like the correct advice to you? Would you advise that l call back and see if I can get a 'second opinion'?
Alex

Pulaski

My understanding is certainly that you can only apply for citizenship if you have a current green card, and you are not the first person to face having to stump up$00's to renew a green card that you won't need for more than a year or so, tops because you left it too late to apply for citizenship.

For anyone else reading this, you should be applying for citizenship no later than around the eighth anniversary of your (ten year) green card if you want to be reasonably certain that you won't have to renew your green card before you obtain citizenship.

scrubbedexpat099

I agree with Mr P, the stamp has to have a basis.

TheKingOfHearts

Whilst I believe Pulaski and Boiler are correct that you need to have an in-date physical card, one thing to keep in mind as a polite reminder and to those reading: unconditional residents who have their 10 year (or in some cases, "lifetime") physical green cards, despite the physical cards expiration date ARE US permanent residents. In the same sense as those who have an expired US passport are US citizens.

Pulaski

That is undoubtedly true, assuming all other conditions for being a permanent resident are being met, such as actually living in the US.

The requirement for a current green card to be eligible to apply for US citizenship is a USCIS administrative regulation, which you might be able to challenge in an immigration court, but I suspect that renewing your green card might be cheaper than hiring a lawyer and paying court fees, maybe.

212

You are permitted boarding a flight back to the US with an expired 10yr card.
(P36 of the carrier information guide https://www.cbp.gov/sites/default/fi...de-english.pdf )

petitefrancaise

From the "special instructions" section https://www.uscis.gov/n-400

Rete

" If your green card has expired, you continue to be a permanent resident of the United States. ... Every day, many citizenship applicants successfully file Form N-400, Application for Naturalization, with an expiring or expired green card.

petitefrancaise

How do you know this? Where are the figures?

petitefrancaise

yep.
$540 for GC
$1k for lawyer.

EnglishInWisconsin

I decided to pay the additional $$$ to renew my Green Card and treat my experience as an expensive lesson.

Rete

I can read. I do not have figures. Do you have figures for everything you post? Geesh get a life.