What To Do When Your Green Card Is Expiring While Applying For Citizenship
Author: USA Immigration Lawyer
As an immigration lawyer, one of the most frequent concerns I hear from clients is about their green card expiring while they’re in the process of applying for U.S. citizenship. If your Permanent Resident Card (Green Card) is nearing its expiration date, and you’re planning or have already started your citizenship journey, you might wonder if you need to renew the card or can proceed directly with your naturalization application. This blog post will break down the steps to ensure your immigration status remains secure, including how to apply for citizenship and how to renew your green card if necessary.
Can You Apply for Citizenship With an Expired Green Card?
Yes, you can apply for U.S. citizenship with an expired green card. U.S. immigration law does not specifically require that your green card be valid when applying for naturalization. However, you are required to maintain your status as a lawful permanent resident during the citizenship process. Some individuals choose to renew their green card while they wait for their naturalization to be approved, while others move forward without renewing.
It’s important to note that carrying a valid green card is required by law. So, if your green card has expired or will expire soon, you should carefully consider whether renewing it is the right decision for you. Additionally, if you plan to travel abroad during the citizenship process, an expired green card can cause significant issues when re-entering the U.S., making the renewal process even more critical.
Can You Be Deported If Your Green Card Expired?
When your green card expires it means that it is time to renew it, but it does not mean that your status as a green card holder expired. Because of that, an expired green card does not serve as any ground for deportation or removal.
Why Should You Renew Your Green Card?
While U.S. immigration law allows you to apply for citizenship with an expired green card, there are a few practical reasons to consider renewing your card:
- Travel Issues: If your green card expires while traveling outside the U.S., you may encounter problems when attempting to re-enter. Airlines may refuse to let you board flights back to the U.S., and U.S. Customs and Border Protection may prevent entry.
- Employment: Many employers require valid proof of your legal status in the U.S., and an expired green card may make it difficult to verify employment eligibility.
- Identification: Your green card serves as a primary form of identification in many situations. While it doesn’t expire your status, its expiration could cause difficulties when trying to open bank accounts or apply for a driver’s license.
Step-by-Step Guide: How to Renew Your Green Card
If you’ve decided to renew your green card before or during your citizenship process, follow these steps:
1. Submit Form I-90
To renew your green card, you need to submit Form I-90 (Application to Replace Permanent Resident Card) to the U.S. Citizenship and Immigration Services (USCIS). This form can be completed and filed online or by mail. You’ll need to pay the required filing fee, which is currently $540 as of 2024, including the biometric fee.
Steps to file Form I-90:
- Visit the USCIS I-90 page and create an account if you wish to file online.
- Complete the form with your personal information, including your Alien Registration Number (A-Number).
- Upload the necessary documentation. This might include a copy of your expired or expiring green card, and if your card was lost or damaged, additional proof of your lawful permanent resident status.
- Pay the filing fee.
- Once submitted, USCIS will send a receipt notice (Form I-797), which extends your green card validity by 24 months while your renewal is processed.
2. Attend a Biometrics Appointment
After filing Form I-90, you’ll likely receive a notice to attend a biometrics appointment at your nearest Application Support Center (ASC). At this appointment, USCIS will collect your fingerprints, photograph, and signature to update your file.
3. Receive Your New Green Card
Once your application is processed and approved, you’ll receive your new green card by mail. Processing times for green card renewals can vary, but on average, it takes 7-10 months for USCIS to issue the new card. However, the 24-month extension given through Form I-797 should provide you with the necessary documentation while waiting.
Step-by-Step Guide: Applying for U.S. Citizenship
If your green card is nearing expiration and you’re eligible for naturalization, you can submit Form N-400 (Application for Naturalization) instead of or alongside renewing your green card. Here’s how to apply:
1. Meet Eligibility Requirements
Before applying, ensure that you meet the eligibility criteria for U.S. citizenship:
- You must have been a permanent resident for at least 5 years (or 3 years if applying based on marriage to a U.S. citizen).
- You must be at least 18 years old.
- You should have been physically present in the U.S. for at least 30 months out of the past 5 years.
- You must demonstrate good moral character and the ability to read, write, and speak basic English.
2. File Form N-400
Next, complete and file Form N-400. Like the I-90 form, you can file this form online through the USCIS website or by mail. You will need to include a copy of your green card, even if it is expired.
Steps to file Form N-400:
- Visit the USCIS N-400 page to file online or download the paper form.
- Complete the form with your personal details, travel history, and employment history.
- Submit supporting documentation, including your green card (valid or expired) and proof of residency.
- Pay the filing fee, which is $760 (paper filing)
Attend Biometrics Appointment
As with the green card renewal, you will be required to attend a biometrics appointment for your citizenship application. The biometrics process is the same, involving fingerprinting, photos, and signature.
4. Attend the Naturalization Interview
Once your application is processed, USCIS will schedule you for a naturalization interview. During this interview, a USCIS officer will review your application, ask you questions, and administer the civics and English tests.
5. Take the Oath of Allegiance
If you pass the interview and tests, you will be scheduled for an oath ceremony. After taking the Oath of Allegiance, you will officially become a U.S. citizen! At this point, the officers will ask you to surrender your green card. You will also have to sign an affirmation that no significant changes have occurred between the interview and the oath to make sure that you are still eligible for the citizenship.
Conclusion
Applying for citizenship while your green card is expiring can be done seamlessly if you follow the steps outlined. While you’re not required to have a valid green card to apply for naturalization, renewing it can save you from potential inconveniences. By filing Form I-90 for renewal and Form N-400 for naturalization, you can ensure that your immigration status is fully secure. For more information and assistance with your case, contact an immigration lawyer to guide you through the process smoothly.
Talk to us about your immigration case: 917 885 2261.