Applying for naturalization with expired green cards

OFTEN, many immigrants have kept pushing back their decision to apply for US citizenship.  Many of them have also failed to keep track of the validity of their permanent resident cards such that when they are now ready to apply for naturalization, they discover that their permanent resident cards have either expired or are about to expire.

Our office has regularly received queries from immigrants whose permanent resident cards have expired or are expiring, as to whether or not they should still renew their permanent resident cards if they intend to file for their naturalization. This is because they would like to avoid paying $450 which is the current filing fee for the renewal of permanent resident cards.   There are reports that immigration filing fees including citizenship application fees will increase significantly.

The US Citizenship and Immigration Service (USCIS) has posted some guidance as to when immigrants should renew their permanent resident cards even if they are filing for citizenship.  The USCIS has indicated in its website that “if you apply for naturalization 6 months or more before the expiration date on your Permanent Resident Card…, you do not have to apply for a new card……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.”  USCIS information officers have therefore been informing immigrants to renew their expired permanent resident cards before they apply for naturalization.

Notwithstanding this guidance provided by the USCIS, our office has successfully filed for applications for naturalization for immigrants whose permanent resident cards have expired.  An immigrant does not lose his or her permanent resident status with the expiration of his or her permanent resident card.    Only his or her proof of residency expires with the expiration of the permanent resident card.

However, there may be instances when an immigrant must renew the expired green card even if he or she intends to file for citizenship.  One such instance is when he or she intends to travel outside the country.  An immigrant must have an unexpired permanent resident card to be allowed entry into the United States.

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Atty. Dennis E. Chua is a partner in The Law Firm of Chua Tinsay and Vega (CTV), a full service law firm with offices in San Francisco, San Diego and Manila. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (415) 495-8088; (619) 955-6277; [email protected]. The CTV Attorneys will be at Max’s Restaurant in Vallejo on October 19, 2009 from 5pm to 7pm to hold a FREE legal clinic.