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worrywart2013

Greencard Renewal While Waiting On USCIS Decesion About Citizenship?

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Wife's 10 year expires in mid June 2014, we've got an appointment for biometric related to an N-400 application next week. What do we do if the 6 month filing window for her to file for Greencard renewal arrives and we don't have a decision for the USCIS about her citizenship application?

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Wife's 10 year expires in mid June 2014, we've got an appointment for biometric related to an N-400 application next week. What do we do if the 6 month filing window for her to file for Greencard renewal arrives and we don't have a decision for the USCIS about her citizenship application?

Her status doesn't expire, just the card does.

Good question though. I would think given that she's filed for N-400 that she should be okay getting an I-551 stamp in her passport instead of paying for a renewal.

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If her card expires, doesn't that kill her work authorization too?

As for the I-551 stamp, that's a one year--"temp"--renewal and we'd have to make an infopass appointment to get that?

No, why would it? The fact her green card expires doesn't mean her status has expired. She is still LPR even with expired GC.

For work, SSN plus drivers license is what is normally presented for employment purposes (and no, employer can't demand you show him GC, up to you to decide what to show that satisfies I-9). I've never had to show GC to employer.

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If her card expires, doesn't that kill her work authorization too?

As for the I-551 stamp, that's a one year--"temp"--renewal and we'd have to make an infopass appointment to get that?

Agree with milimelo. No it doesn't. She is legal whether her card is expired or not. As i said, the card expires, not her status (most likely because in 10 years people can change in appearance a lot!).

The I-551 is a greencard stamp. It's not a "temp renewal" of her status (because again, her status doesn't expire, just the card) it's simply a stamp that is valid for a year that proves her status without a GC and yes you'd need an infopass to get that.

As milimelo said, she doesn't need to show her GC to prove her work validity. She would pass e-verify and that's all that matters (if her employer checks that, mine never did).

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Wife's 10 year expires in mid June 2014, we've got an appointment for biometric related to an N-400 application next week. What do we do if the 6 month filing window for her to file for Greencard renewal arrives and we don't have a decision for the USCIS about her citizenship application?

you should be fine by the time June 2014 comes. Just in case I would wait until the last week of her green card expiration, and if I didn't hear anything I would go ahead and file for a renewal. But I can almost guarantee you that you won't need that. I mean you still have almost 9 months. Good luck.

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And even if she got denied citizenship, she'd still have he residence status--correct?

The only reason for them to revoke her status if she got denied citizenship is if they charged/claimed marriage fraud or drugs charges. Something that's--more or less--a mandatory removal?

Correct. So if she fails say the civics or english or whatever tests she could just reapply later but would still be an LPR.

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According to the Guide To Naturalization:

http://www.uscis.gov/files/article/chapter3.pdf

Q 24. If my Permanent Resident Card expires while I am applying for naturalization, do I still need to apply for a new card?

A 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.

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You can file N-400 Application for Naturalization even with an expired green card, I know this for a fact, my friend's GC expired last year, didnt renew it and instead applied for Naturalization, he was approved and now a USC. Renewing GC is not necessary in your case. I also asked this same question to 4 different immigration attorneys, their answers were consistent: DO NOT RENEW, unless Citizenship would be denied.

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