It is essential to realize that the renewal process for a green card can be quite lengthy and full of delays. Citizenship and Immigration Services (USCIS) or any other government agency. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to allow USCIS to automatically extend the validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents who have applied for naturalization. However, if your card has been lost or stolen, USCIS will likely require that you get a replacement card before they will process your application. USCIS will create an account for you and provide access details in this letter if you have not already created an account yourself. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. You should not act upon any information provided without seeking the advice of an attorney licensed to practice law in your state. Avvo has 97% of all lawyers in the US. You can file your tax return online or by mail. Quiz results do not guarantee eligibility or ineligibility as you may or may not be eligible based on reasons not addressed in the quizzes. Better understand your legal issue by reading guides written by real lawyers. Applying for Citizenship with Expiring Green Card. This column is not meant to be construed as legal advice. Even though immigration law does not explicitly tell you to have a valid Green Card before applying for citizenship there is a law that says that a permanent resident should carry their Green Card with them all the time. Avoid complications by beginning the renewal process as soon as you get within six months of your current green cards expiration date. What happens if you She may also want to consider calling USCIS directly at 1-800-375-5283. With regard to the expiration of her legal permanent residency card (green card, as it is known informally), she should submit an I-90 (Application to Replace Permanent Resident Card) in order to renew her card, as her citizenship process may be further delayed. The short answer, you do not need to do a thing. I bet USCIS did not tell you that expiration of the card does not affect your status of a Lawful P I want to spread the Interview was Scheduled!!! A Green Card is usually valid for ten years. If possible, avoid traveling abroad that will conflict with your applying for a new green card on time. requirements to apply for U.S. citizenship. What happens if you have an expired green card? We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them. It is essential to renew at the right time. The Card's expiration will not subject you to authorization to remain in the U.S., but it may stand in the way of such things as: traveling outside the U.S. and re-entering; renewing a driver's license; applying for a job; etc. It is rarely a good idea to contact the USCIS in order to seek legal advice, and instead you should seek legal advice from an immigration attorney. Lawful permanent residents who properly file Form I-90 to renew an expiring or expired Green Card may receive this extension. Create an account to follow your favorite communities and start taking part in conversations. We are not affiliated with or sponsored by the United States government or any government agency. USCIS will also send you a notification of a scheduled biometrics appointment where you will be fingerprinted, photographed, and provide your signature. 161 N. Clark Street, Suite 2500Chicago, Illinois 60601, Satellite Offices Form I-551 is the official name for a green card. We do not make form recommendations or recommend or provide answers to specific questions on forms, and communications between you and us are not protected by any privilege. Once you submit the I-90 application to USCIS, you will receive the Application Receipt Notice with a receipt number and all other details regarding the interview andfingerprinting. While the status as a permanent resident never expires, the card confirming that its holder is a permanent resident of the United States does. New comments cannot be posted and votes cannot be cast. The forms that can be completed using our software can be obtained for free from the U.S. If paying by check, you must make your check payable to the US Department of Homeland Security.What happens if green card expires while waiting for renewal?You shouldnt be concerned if your green card expires or is about to expire while youre waiting to become a citizen because the USCIS has made Form I-90 specifically for the purpose of replacing an expired green card. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship. Citizenship. Going forward though, it is advisable that Permanent Residents seeking to apply for U.S. citizenship comply and keep this directive in mind. When submitting your application by mail, you will need to send your packet to the appropriate USCIS address. You will be able to use this number to check the status of your green card renewal application. Further, the filing of Form I-90 will not be required of the applicant at any point while their N-400 application remains pending. Post a free question on our public forum. Your green card proves your right to permanent residency in the United States. In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. My answering If your green card expires while you are waiting for citizenship, USCIS may provide you with an Alien Documentation, Identification, and Telecommunications (ADIT) stamp to prove your status as a green card holder until your citizenship is granted. Potentially. It seems unfair to those awaiting citizenship if we don't have the extend option also. The content on this site should not be relied on to reach conclusions about any persons specific situation. Meanwhile, applying too late could leave you with a gap where you dont have a green card and are subject to difficulties, including a possible misdemeanor conviction. Seeing as you applied for naturalization with more than 6 months to expiration, you can get a free extension of your current Green Card. You do not need to renew. Permanent residents whose resident cards will expire that far off are not required to file Form I-90 if they are filing an N-400 Application for Naturalization. If your green card is nearing its expiration date while you are waiting for citizenship, you might want to consider applying to renew the card rather than waiting to take your chances with USCIS. We are not a law firm, and this site and our software are not a substitute for the advice of a lawyer and do not contain or constitute legal advice. Share sensitive information only on official, secure websites. Additionally, you may be able to extend your stay in the U.S. or visit a destination country without needing to obtain a visa. Is your green card been lost? If the resident/N-400 applicant will need to obtain an I-551 resident stamp as a means of proving status for purposes of employment or international travel, he/she can visit their local CIS office and should be prepared to present their expired resident card, valid passport AND I-90 processing receipt. Green card holders are required to prove their immigration status when reentering the country. If you think the decision to deny your application was made in error, you have options. Years licensed, work experience, education. These receipt notices can be presented with an expired Green Card as evidence of continued status. Is my answer "BEST ANSWER" and/or "HELPFUL"? As mentioned before, a permanent resident should carry valid and unexpired proof of their lawful permanent residence status all the time. This law doesnt change when you have applied for U.S. However, you may not be able to renew your green card in certain circumstances, such as if you have been convicted of a deportable crime. Citizenship? Call and make an Infopass appointment. The full processing time from applying for a renewal of your green card to the issuance of your new permanent green card can take anywhere from six to 10 months. You will likely wait for one to three weeks to receive the notification of your application being accepted by USCIS. What if my green card expires while waiting for renewal? The first action you must take when renewing your permanent resident card is to complete Form I-90: Application to Replace Permanent Resident Card. If you need to leave the United States temporarily while your Form I-485 is pending, please see the instructions for Form I-131, Application for Travel Document, for more The closer to the six-month mark, the better, as it can take several months to receive your new green card. FASTER Accounting Services provides court accounting preparation services and estate tax preparation services to law firms, accounting firms, trust companies and banks on a fee for service basis. You must prove your inability to pay the application fee in one of the following ways: 1. It can then take another one to three weeks to receive notice of your biometrics appointment. Self-help software and customer support services are provided solely at a users direction. For pending N-400 applicants who might be in violation of the above rule, a good case can be made for that applicant to avoid a denial or other adverse consequences given the relatively recent institution of the policy. Copyright 2003-2022. Should I apply to extend my permanent resident card? R. You have 2 choices: 1. N-400 applicants Green Card has already expired, or expiration is less than 6 months away. Selected as best answer It is OK to apply with an expired green card. Fiduciary Accounting Software and Services. [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] If you have applied already for citizenship but your Green Card is expiring while you are waiting then it is recommended to renew your Green Card. Yes. Sign up for our newsletter and receive the coolest updates! Can I apply for citizenship while waiting for 10 years green card? Your current green card expires within six months, Your current green card was lost, stolen, or damaged. You will also be able to access this information on your online account. However, if your card has been lost or stolen, USCIS will likely require that you get a replacement card before they will process your application. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. While you likely will still be able to apply for citizenship without too much hassle, if a USCIS officer decides to make it tough on you, they can. You can renew your Green Card by filing Form I-90, Application to Replace Permanent Resident Card. Sign up for our email list below to get the latest information on immigration law from Richard Hanus, or click here to contact us today and get direct help from an immigration attorney that cares. Completed using our software can be obtained for free from the U.S column is meant... I-90, application to Replace permanent resident should carry valid and unexpired proof of their lawful permanent status! Or by mail, you have options your applying for a green card holders are required to prove immigration. 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