waxwabbit

Hello guys,

Just after some clarification, as I am seeing mainly older posts connected to my question.

My story:

I received my N.O.A for my n-400, with a notice date of April 27 2016. I mailed it on the 20th April.

I originally was looking online to find out if I was going to be okay leaving the country for a couple of weeks ( in a week or so's time) due to a death in the family back in England.

From what I can gather, that should be okay, although I should try not to miss my scheduled Biometric/fingerprint interview (5-8 weeks after filing is the suggested timeline from USCIS)

However, now I have come across something else....

My green card expires 28 Sep 2016. This means I filed with something like 5 months remaining.

If I do nothing, is this going to come back to haunt me? Do I have to renew my GC too? Is this going to cause undue problems with my naturalisation paperwork?

I sat on this from January, unaware it may be a problem.

I would greatly appreciate some clarification:

Yours, annoyed with oneself



Lee

Bob

You need 6 months validity on the greencard to be eligible for US citizenship. Less than and you've got to pay to renew it at the same time.

KBahn

A green card is merely evidence of your status. You are still a permanent resident, even if your green card has expired. On that basis, many people have chosen to simply apply for U.S. citizenship after their green card has expired, or not bother to renew the green card if it expires while they're waiting for a USCIS decision on their citizenship application. USCIS policy goes back and forth on how accepting it is of this practice, but lack of a renewed green card should not, by itself, hold up your naturalization approval. If you want to be safe (and pay the extra $$$) then renew it first - but there are plenty of examples where PR's have files their N400 prior to GC expiration and have not had a problem. The other issue is whether you need to travel outside of the US over the 6 months from N400 filing to Oath Ceremony - if there is any chance that you will then renew your card first for sure.

JDobbs

Hello Lee,

snip renew their green cards if they are within 6 months of the expiration date and want to apply for naturalization. That said, since your N-400 is already pending, you can always wait and see if the government requests that you renew the card prior to adjudicating your N-400.

All in all, I would not expect this issue to prove problematic for your naturalization. Just follow any instructions the government provides you.

Also, if your naturalization is not completed by the time your green card expires, you can file to renew the green card through Form I-90. Make an INFOPASS appointment at your local USCIS office. Then take the I-90 filing receipt, your expired green card, and your passport to the appointment, and they should be able to stamp your passport to show your I-90 is pending. This stamp will serve as proof of employment authorization and the right to travel abroad while the green card renewal is pending.

Best,
Jered Dobbs, Esq.