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Greencard Renewal While Waiting On USCIS Decesion About Citizenship?

#1 worrywart2013

worrywart2013

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Posted 06 September 2013 - 10:13 PM

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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#2 Penguin_ie

Penguin_ie

    Queen Penguin



Posted 07 September 2013 - 06:31 AM

You can wait with applying for the greencard renewal until a couple of days before it expires- by then hopefully the naturalisation will be done.


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Bye: Penguin
modpenguin_zpsf0a69b27.jpgqueen-penguin-md_zps6835686c.png
Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.


#3 VanessaTony

VanessaTony

    Little Miss



Posted 07 September 2013 - 12:43 PM

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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Aussie K1 process - http://www.visajourn...interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourn...-list-included/
ROC April 2012 - http://www.visajourn...il-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourn...il-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourn...lers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourn...lers/?p=6537699
Aussie Chat page continued - http://www.visajourn...ussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourn...change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourn...ost__p__4135806
Shipping Costs from Aus to US - http://www.visajourn...sts-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile


#4 worrywart2013

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Posted 07 September 2013 - 04:01 PM

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?


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#5 milimelo

milimelo

    Star Member



Posted 07 September 2013 - 04:34 PM

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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Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC
3/5/2009 - I-751 received in CSC
3/9/2009 - Check cashed
3/20/2009 - Biometrics notice received (no NOA1)
4/2/2009 - Biometrics
4/9/2009 - NOA1 date (first undelivered one is 3/5)
4/3/2009 - Touch?
5/6/2009 - ROC Approval - 65 days
6/22/2009 - CRIS Card production ordered email
7/7/2009 - GC arrived!

Naturalization Journey
3/03/2010 N400 sent to Arizona Lockbox
3/15/2010 Check cashed
3/17/2010 NOA1
3/18/2010 - Biometrics notice sent
3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)
4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)
5/1/2010 Text and email interview letter sen
5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am
6/17/2010 Interview appointment - PASSED
6/29/2010 US Citizen

#6 VanessaTony

VanessaTony

    Little Miss



Posted 08 September 2013 - 03:05 PM

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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Aussie K1 process - http://www.visajourn...interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourn...-list-included/
ROC April 2012 - http://www.visajourn...il-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourn...il-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourn...lers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourn...lers/?p=6537699
Aussie Chat page continued - http://www.visajourn...ussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourn...change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourn...ost__p__4135806
Shipping Costs from Aus to US - http://www.visajourn...sts-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile


#7 worrywart2013

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Posted 08 September 2013 - 03:28 PM

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?


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#8 silkafi88

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Posted 08 September 2013 - 07:57 PM

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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#9 VanessaTony

VanessaTony

    Little Miss



Posted 08 September 2013 - 10:05 PM

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.


  • 0

Aussie K1 process - http://www.visajourn...interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourn...-list-included/
ROC April 2012 - http://www.visajourn...il-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourn...il-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourn...lers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourn...lers/?p=6537699
Aussie Chat page continued - http://www.visajourn...ussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourn...change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourn...ost__p__4135806
Shipping Costs from Aus to US - http://www.visajourn...sts-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile


#10 CinMA

CinMA

    Junior Member

  • PipPip


Posted 13 September 2013 - 11:41 AM

According to the Guide To Naturalization:
http://www.uscis.gov...le/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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N-400 Application for Naturalization
07-09-2013  N-400 package mailed.
07-11-2013  Package received.  Priority Date applied.
11-14-2013  Biometrics appointment
10-10-2013 Yellow letter received with documents required for interview.
11-18-2013  In-line for interview
12-03-2013. Interview letter received
01-06-2014  Interview - approved

01-10-2014  Scheduled for oath ceremony

02-05-2014  Oath Ceremony - cancelled due to snowstorm

03-19-2014 Oath ceremony!


#11 Jay2Pnoy

Jay2Pnoy

    Member

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Posted 14 September 2013 - 07:59 AM

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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I-485 Adjustment of Status

10/21/2000 - Entry as B2 visa, changed status to F1

07/25/2005 - Mom filed F2B

03/01/2007 - Filed AOS to Permanent Resident under 245(i) by virtue of Section 203(h)(3) of the Child Status Protection Act of 2001; Public Law 107-208 (CSPA). Automatic Conversion of F2B petition and Retention of Priority date of an F4 petition as derivative beneficiary of dad filed in 1982 by his sister (hereinafter referred to as the "Automatic Conversion and Retention" clause of the CSPA). With the help of a lawyer from Los Angeles - who sent lots of briefs and case laws previously cited by the Board of Immigration Appeals, and Federal Courts to support our arguments.

03/04/2007 - Notice of Action for AOS Received

03/31/2007 - Biometrics Appointment

06/--/2007 - Interviewed in Chicago, District Adjudicator unable to approve AOS outright as more time was needed to review our case arguments, will notify us of the decision.

08/03/2007 - Decision on AOS - "DENIED" on the basis that F2B petition filed by mom was not current. USCIS misconstrued the basis for eligibility for AOS. (Copy of F2B petition mom filed only submitted as evidence that I sought to acquire status as a permanent resident within one year of the availability of the visa (F4 visa current on 12/2004), a requirement for seeking relief under CSPA and INA 203(h)(3))

08/28/2007 - Filed Request for Reconsideration of Decision on Adjustment of Status Application Based on Service (USCIS) Error, that filing for AOS eligibility was based on dad's 1982 petition, that CIS made an error in determining eligibility. (Motion to Reconsider on Form I-290B was filed without a fee, lawyer argued due to the fact that basis for AOS was erred by the Service)

01/24/2008 - Motion to Reconsider/Appeal Rejected by the USCIS District Adjudicator in Chicago due to non-payment of fee.

02/15/2008 - Re-submitted Motion to Reconsider Denial of AOS to Permanent Resident on Form I-290B, Notice of Appeal to the Administrative Appeals Office (AAO), Washington, DC.

02/19/2008 - USCIS received re-filed Motion to Reconsider with a fee of $585. Motion to Reconsider was later transferred to the Administrative Appeals Unit (AAU) in Chicago, IL.

07/28/2008 - Motion to Reconsider Denial of Adjustment on Form I-290B was reconsidered. USCIS Director in Chicago in its own motion submitted a Motion to Reopen, to reopen the case in its entirety. USCIS Director requested for 2nd interview and biometrics (after I sent tons of inquiries to the US Senators Barack Obama and Richard Durbin representing Illinois)

08/02/2008 - 2nd Biometrics Appointment

08/18/2008 - Dad filed another F2B petition requesting F2B conversion from F4 under CSPA and retention of his priority date of 1982. (CSPA decisions and case laws with BIA, Federal Courts and Court of Appeals for the 5th and 9th Circuits do not require that petitioners on later filed F2B petitions be the same as the beneficiary of the original petition, in my case dad was the beneficiary of an F4, but USCIS stance on conversion is that it does not apply to other immigration petitions except F2A and it should not be considered automatic in nature, therefore filing is necessary). A new F2B petition to the derivative beneficiary of the original petition would not have been necessary as afforded by the Act, but the USCIS does not conform to its automatic conversion clause as was on the Act.

09/05/2008 - Email Notice on Adjustment of Status "APPROVAL." (without 2nd interview as originally requested on CIS letter when decided to reopen the case). {Approved AOS based on a hard fought CSPA Automatic Conversion of my F4 derivative status to F2B and Retention of dad's Priority Date of 1982 (therefore making the F2B petition current having retained dad's PD). Law that the government decided to ignore for more than a decade now since the Act was enacted in 2001 signed by President Bush.  (The lawyer who represented my case before the District Office Director in Chicago was from the same law firm in Los Angeles who sued the government, in a class action, due to its restrictive interpretation of CSPA denying benefits to those who are otherwise beneficiary of the law, those children of intending immigrants who aged out due to no fault of their own. The law firm was successful in overturning Federal Court ruling in Los Angeles when it appealed the class action to the 9th Circuit Court of Appeals, En Banc decision.) The government then appealed the decision En Banc of the 9th Circuit Court of Appeals (which basically entitled "aged outs", or those derivative beneficiariess of any family based, employment based, diversity visa categories, who turned over 21 yrs of age, to join their parents upon receiving permanent residency status) to the Supreme Court, conjoined Federal Courts decisions out of the 2nd and 5th Circuit Courts of Appeals. PENDING before the Supreme Court, anticipating decision or ruling in 2014.}

09/10/2008 - Received Green Card

 

N-400 Application for Naturalization

09/05/2013 - Eligibility

06/08/2013 - Sent Form N-400 (90-day rule)

06/10/2013 - Priority Date

06/10/2013 - Check Cashed

07/03/2013 - Biometrics

08/05/2013 - In line for Interview

08/12/2013 - Email Notice N-400 scheduled for Interview

08/19/2013 - Interview Letter  - received

09/17/2013 - Interview @ 0930am @ 101 West Congress Parkway, 2nd Floor Citizenship Office, Chicago, IL  -- APPROVED!!!

09/18/2013 - Oath Letter - mailed from Chicago USCIS Office

09/19/2013 - Oath Letter  - mailed from the National Benefits Center

09/20/2013 - Oath Letter - from Chicago USCIS Office received

09/21/2013 - Oath Letter  - from the National Benefits Center received

2 Oath Ceremony Appointment Letters

09/27/2013 - Oath Ceremony




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