When it comes to pursuing U.S. citizenship, a question that often arises is, “Can I apply for citizenship with an expired Green Card?” The intersection of immigration laws and the desire to become a U.S. citizen can be complex and daunting, especially when faced with an expired immigration document.
In this comprehensive guide, we will delve into the intricacies of this situation, providing you with valuable insights, actionable steps, and expert guidance to help you navigate the path toward U.S. citizenship despite the status of your Green Card.
Can I Apply for Citizenship With an Expired Green Card?
Certainly, it’s possible to pursue U.S. citizenship even in cases where your Green Card has lapsed. The key determinant of eligibility for naturalization lies in meeting the U.S. citizenship eligibility requirements, not the validity of your Green Card. Numerous individuals with expired permanent resident cards have successfully submitted their naturalization applications to the United States Citizenship and Immigration Services (USCIS).
If you find yourself uncertain about your next steps, seeking advice from seasoned immigration attorneys can provide clarity. For personalized guidance and a comprehensive understanding of your legal options, our team at 360 Immigration Law is readily available to assist you.
What are the Implications If My Green Card Expires?
The expiration of your Green Card does not alter your immigration status; you still maintain your position as a permanent U.S. resident. However, it is vital to note that once your Green Card expires, you might no longer comply with the Immigration and Nationality Act (INA) Section 264(e), which mandates permanent residents over 18 years old to have proof of their resident status at all times. Failing to comply could lead to misdemeanor charges, punishable by a fine of up to $100 and a maximum of 30 days in prison. This emphasizes the importance of renewing your Green Card promptly.
Challenges can arise when traveling abroad, applying for loans, or seeking employment without a valid Green Card. An expired Green Card can hinder your ability to partake in these activities, underlining the significance of keeping your immigration documentation up-to-date.
How to Apply for Citizenship with an Expired Green Card
Here, we’ll outline the sequential steps to follow when applying for U.S. citizenship under various circumstances:
Failure to Apply for Green Card Renewal as a Permanent Resident
Although possessing a valid Green Card is preferable, an expired one does not automatically lead to rejection or denial of your citizenship application. The process involves:
- Submitting Form N-400, Application for Naturalization
- Providing the necessary evidence to validate your eligibility for U.S. citizenship
Renewing Your Green Card as a Permanent Resident
If your Green Card is expiring or has already expired, you should file Form I-90, Application to Replace Permanent Resident Card, to renew it. Upon submission, you will receive Form I-797C, Notice of Action, confirming the receipt of your application. Even if your Green Card renewal is in progress, you can proceed with your citizenship application by filing Form N-400 and including a copy of your Notice of Action as proof that the renewal process is underway. This approach eliminates the need to wait for your Green Card to be renewed prior to submitting your citizenship application. This procedure also applies if your Green Card has been lost, stolen, or damaged beyond recognition.
If You Are A Conditional Resident
For those with conditional residency status, the path to citizenship necessitates transitioning to permanent resident status. To preserve your conditional status, you must file a petition to remove conditions on residence within 90 days before your Green Card expires. If your residency is derived from marriage to a U.S. citizen or permanent resident, you must submit Form I-751, Petition to Remove Conditions of Residence.
On the other hand, if your residency is based on investment, you should file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. Following your transition to permanent resident status, you must maintain this status for a specified period before becoming eligible to apply for U.S. citizenship. The waiting period is three years if your Green Card is marriage-based and five years for investment-based Green Cards. Seek the expertise of our adept immigration team at 360 Immigration Law for comprehensive assistance in understanding your specific case details and guidance through the application process.
Get The Legal Help You Need
It’s time to get the legal help you need! At the Law Office of 360 Immigration Law Group, we see your journey as our own. Drawing from personal experiences and understanding the intricacies of the immigration process, we are committed to advocating for our clients’ rights, and treating them like family.
Our goal is to facilitate your family’s pursuit of the American Dream by offering dedicated and meticulous legal guidance. Contact us for a free consultation, available in Portuguese, Spanish, or English. Consultations are conducted via phone, Zoom, or WhatsApp, regardless of your location within the United States, its territories, or across the globe.