choppi

Hi all,
My green card expires this October and I want to apply for citizenship. I know I should have applied a bit sooner but money has been an issue. Anyway I've looked online and the NYC offfice is processing forms that were filed 7 months ago. What happens if I apply for citizenship now and my green card expires before everything is complete? Will I be able to travel abroad in an emergency?

Noorah101

If your green card expires after you've filed the N-400, and you need to travel, you should make an InfoPass to go in person to your local USCIS office and ask for a temp I-551 stamp.

Rene

crg

I agree, but be aware they may opt not to issue a temp stamp unless you have applied for the replacement green card by filing the Form I-90.

ian-mstm

You remain a PR even if your GC expires. The GC is proof of your status as a PR, it isn't the status itself. That said, you are free to leave the US at any time so travel abroad isn't an issue. Getting back to the US, however will require proof of your status - so it would be a good idea to make an InfoPass appointment and get an I-551 stamp in your passport. I suggest you do it over the summer... so as to avoid having to take care of this after an emergency arises.

Ian

ScousePete

First off - file for N400 now.

Then go to http://www.trackitt.com/usa-immigration-trackers/n400 to give you a guideline how long applications of others have taken or are taking.

My N400 process from beginning to end was about 4 months, but of course, ymmv.

MarylandNed

If you file the N400 now, you might be talking about a small (or maybe even nonexistent) window of time between your GC expiring and you becoming a USC.

If the GC does expire before you become a USC, and you need to travel in an emergency, then what choice do you have? Presumably an emergency means you have to go and then just deal with the expired GC on the way back. Your PR status doesn't expire with the card.

You should file N400 asap. If you wait, you may be forced to also renew your GC. Read this:

http://www.uscis.gov/sites/default/f...icle/M-476.pdf

24. 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.

hungryhorace

Just out of pure interest, if one left the US and didn't have their green card with them how would they re-enter as a permanent resident?

Noorah101

The POE office can probably verify the status. Probably will get sent to secondary for that. Might have to pay a fine, as all PR's are supposed to carry proof at all times.

Rene

hungryhorace

Just wondering what would happen if I needed to catch a flight home if something happened to a family member before my GC arrived in the post, for example, or I lost / had it stolen it whilst travelling outside of the US.

Noorah101

If outside the USA, you can go to the US Embassy and get a travel document / returning resident visa.

Rene

crg

There are lots of different outcomes when this occurs.

The tricky part is to get to the border as the airline doesn't like to get fined if you are not a green card holder. The transportation letter allows them to board the person, but that only gets the person to the port of entry. They are still missing their key to the door upon arrival. It's not unheard of for the person to be verified and then admitted, but that's not the official process.

What is supposed to happen if the document not with them, but not totally lost, is for a Form I-193 to be submitted to seek a waiver of the documentary requirements. The fee is $585, but can be waived.

If the document is lost, they can take a Form I-90, charge the fee at the border and forward it to CIS for processing.

Deferred inspection is also an option. The person either gets the card or completes and I-90 and brings the card or receipt to the deferred inspection.

I suppose a notice to appear before an immigration judge is possible, but highly unlikely.

If the person has an expired 10 year card, their supposed to verify status and advise the person to apply for an I-90 on their own.

Some airline policies allow their agents to board someone with an expired card under certain circumstances.

Sheesh. Yet another example of why immigration is complicated.

hungryhorace

Just been researching this. Looks like one would obtain a transportation letter in the form of a foil in my passport. Surely that would be enough to show to CBP at the POE to allow admittance to the US in my LPR status?

Could I enter on my L1 visa in that situation I wonder (save going to the US Embassy)? Or is it cancelled now?

MarylandNed

No - you're not on L1 if you're a PR.

crg

It's not whether or not they can verify the person's status or not. A person could show up in a bathrobe and no ID at all, and they'd most likely be able to figure it out. It's whether or not the person has the required entry document. Just like if a person shows up without their work visa. That deficiency must be overcome. There is a mechanism for that. The transportation letter/foil is the mechanism to get someone to the border. The documentary waiver, I-90, deferred inspection/parole are mechanisms used to get people into the US when they don't have a key (green card) to enter. Although it's not unheard of for a person to be verified and admitted, it's not supposed to happen that way.

RICH

Note that, even if you get to the oath ceremony before your GC expires, they will take it off you, and you will need to get a US passport, which could take a few weeks more.