319(b) + N400 With missing green card

[manoynmonic 0]

Hi, my wife's green card was lost. We are currently abroad, with a return trip to the U.S. coming in a few weeks. We have the I-327 reentry permit, so going back for a visit shouldn't be a problem (unless the airline check-in person doesn't know what that is - *worried*) But before we return to our work here in Asia, I would like to get her naturalized. Is it possible to skip replacing the green card, and just apply for citizenship? I'm hoping the I-327 booklet might be enough (and I'm hoping to save the 370 bucks!).

Any insights on how to best proceed?

[milimelo 4,230]

Hi, my wife's green card was lost. We are currently abroad, with a return trip to the U.S. coming in a few weeks. We have the I-327 reentry permit, so going back for a visit shouldn't be a problem (unless the airline check-in person doesn't know what that is - *worried*) But before we return to our work here in Asia, I would like to get her naturalized. Is it possible to skip replacing the green card, and just apply for citizenship? I'm hoping the I-327 booklet might be enough (and I'm hoping to save the 370 bucks!).

Any insights on how to best proceed?

You didn't mention if it was a 10-year green card or the 2-yr green card. You also don't say what's your qualifying reason for 319(b) - are you with the military, working for American company abroad in a position that will last 12 months or more. If she doesn't qualify, you'll need to get a new green card until she has enough months of residency in the US for purposes of naturalization (18 out of 36 if married to a USC), 3+ years of marriage and in-district residency. Take a look at the M-476 manual for naturalization.

[lawrencetoland 3]

Also if you are in the military, there is a special office you can request assistance from I believe. You may want to check with them for advice.

[manoynmonic 0]

You didn't mention if it was a 10-year green card or the 2-yr green card. You also don't say what's your qualifying reason for 319(b) - are you with the military, working for American company abroad in a position that will last 12 months or more. If she doesn't qualify, you'll need to get a new green card until she has enough months of residency in the US for purposes of naturalization (18 out of 36 if married to a USC), 3+ years of marriage and in-district residency. Take a look at the M-476 manual for naturalization.

Sorry for skipping some of the details. It was a 10-year green card, and we are serving as missionaries in Thailand, with no plans to return to the U.S. in the near future, but perhaps a few years down the road. The need to travel back every two years to keep her green card from expiring is a bit of a burden (3 trips in the last six years!). She hasn't been in the U.S. for the minimum 18 out of the previous 36 months, but I was hoping that this 319(b) was a way around that. I've browsed through the manual, I realize we don't meet the physical residency requirements, since we've been living in Thailand the entire time we've been married, with periodic trips to the U.S. to get new I-327 reentry permits.

So if I were to apply in this situation, do I need to get the lost green card reissued first?

Thanks!

[v333k 59]

If this is a re-entry permit you applied for so you can stay outside the US for a period longer than 6 months (or 1 year) then re-entry permit alone is not enough to enter the US. They will ask for the GC as well. Do you have any documents that show you filed that the GC is lost? You probably need those. I would contact your local US consulate and ask them... although I regret advising you to do so....

[Captain Oates 910]

If this is a re-entry permit you applied for so you can stay outside the US for a period longer than 6 months (or 1 year) then re-entry permit alone is not enough to enter the US. They will ask for the GC as well. Do you have any documents that show you filed that the GC is lost? You probably need those. I would contact your local US consulate and ask them... although I regret advising you to do so....

That is good advice. This needs sorting out BEFORE traveling..

and yes the naturalization needs 18 of the last 36 months actually in the US - AND no one trip over 6 months in the 3 year period.

Looks like the N400 will have to wait for some years

[RonMay 1]

That is good advice. This needs sorting out BEFORE traveling..

and yes the naturalization needs 18 of the last 36 months actually in the US - AND no one trip over 6 months in the 3 year period.

Looks like the N400 will have to wait for some years

hi im not sure if this help but i also lost my 10yr GC when i was in phil last yr for a vacation. i emailed the embassy right away and this is what they replied

In response to your inquiry, three weeks before your flight date to the U.S., report to our customer service window, Window 35, U.S. Embassy, Manila, and apply for a boarding/transportation letter. The boarding letter will allow you to return to the U.S. without a green card. When reporting to Window 35, bring with you your passport, any ID's issued in the U.S., i.e., drivers license, state ID, etc., a big brown envelope, two U.S. passport-sized pictures, affidavit of loss of green card, police report of the loss of green card, certification of arrival into the Philippines from the airline office, and if available, boarding pass, baggage claim and/ot unused ticket. The processing of the boarding letter takes 10 days. The window is open Mondays to Fridays, except holidays, between the hours of 0800 and 1200. Service is on first-come-first-serve basis. You may apply for a boarding letter when you get to the U.S.

i dont think the re-entry permit is the same as the transportation letter... it was a hassle for my part but its best to contact the embassy for more specific info. i am not sure if the USE in thailand has the same requirements. good luck!

[manoynmonic 0]

hi im not sure if this help but i also lost my 10yr GC when i was in phil last yr for a vacation. i emailed the embassy right away and this is what they replied

In response to your inquiry, three weeks before your flight date to the U.S., report to our customer service window, Window 35, U.S. Embassy, Manila, and apply for a boarding/transportation letter. The boarding letter will allow you to return to the U.S. without a green card. When reporting to Window 35, bring with you your passport, any ID's issued in the U.S., i.e., drivers license, state ID, etc., a big brown envelope, two U.S. passport-sized pictures, affidavit of loss of green card, police report of the loss of green card, certification of arrival into the Philippines from the airline office, and if available, boarding pass, baggage claim and/ot unused ticket. The processing of the boarding letter takes 10 days. The window is open Mondays to Fridays, except holidays, between the hours of 0800 and 1200. Service is on first-come-first-serve basis. You may apply for a boarding letter when you get to the U.S.

i dont think the re-entry permit is the same as the transportation letter... it was a hassle for my part but its best to contact the embassy for more specific info. i am not sure if the USE in thailand has the same requirements. good luck!

I contacted the Homeland Security office in Bangkok, and they assured me that the I-327 was enough, even with a lost green card. Also, according to this US Consulate faq page: http://mumbai.usconsulate.gov/legal_permanent_residents.html

"I have a valid reentry permit (Form I-327) but have lost my green card or it is expired. May I travel to the U.S.?

Per 8CFR 211.1, an alien in possession of a valid form I-327, Permit to reenter the United states (i.e. reentry permit), does not require a visa to reenter the United States. Therefore, you may travel with on only your valid reentry permit."

So believe the upcoming travel won't be a problem, but what about naturalization? Will I need to have the green card reissued before I can proceed with that?

[NickD 202]

Seems like what this board needs is a green card lost and found section.

[f*x 1]

Hi, I was scrolling through the posts and came across your situation.

We are in a similar boat -- I already have had my GC for over 3 years, however I would like to keep my Malaysian citizenship.

We plan to serve as missionaries in Indonesia beginning the Fall of 2015 and am trying to research ways we can still keep my GC.

Was it easy to apply for the reentry permit? I read that if you stay out of the country for 4 out of 5 years, they will only issue you reentry permits for 1 year at a time? What was your experience?

Would you mind sharing with me? Did you submit any documentation with the reentry permit application? When you returned to the US, what documentation did you have to show them? And how long did you have to stay in the US?

Really appreciate any help you can give!

Thanks!

Jeanette