Stolen GC and applying for citizenship

[missicy 87]

Hi all,

My 10-year green card has been stolen in a robbery. I am eligible to apply for citizenship in 2 months so I was wondering if I can file for it with a copy of ROC approval letter or is only copy of a GC acceptable? I'll apply for a replacement GC if necessary, but it feels like a waste of $450 for a card that I won't really get to use and will have to give back in a few months anyway.

[aaron2020 11,651]

You need the green card.

You'll need for more than 2 months since naturalization is not instant and takes several months.

The green card is your responsibility to keep safe. USCIS does not care if it is lost or stolen. You are still responsible for having one. You will need to get it replace in order to apply to naturalize.

[Shub 78]

It's regrettable but unfortunately you'll need the physical card in hand. It wouldn't matter if it were expired (so long as you don't try to leave the country!), but not having the card at all is a roadblock.

[missicy 87]

Thank you, Shub.

You need the green card.

You'll need for more than 2 months since naturalization is not instant and takes several months.

The green card is your responsibility to keep safe. USCIS does not care if it is lost or stolen. You are still responsible for having one. You will need to get it replace in order to apply to naturalize.

Yes, I know naturalization is not instant and takes several months but I'm sure getting a replacement card takes a few months as well.

And yes, I know the card is my responsibility to keep safe (getting it stolen in an armed robbery is not exactly being irresponsible) and that USCIS doesn't care if it's lost or stolen. Thank you for your response, anyway.

[Shub 78]

Actually let me add that it is not a done deal that you must replace your card. The USCIS policy manual on the issuance of a certificate of naturalization states:

USCIS will not issue a Certificate of Naturalization to a person who has not surrendered his or her Permanent Resident Card (PRC) or Alien Registration Card (ARC) evidencing the person’s lawful permanent residence. If the person established that his or her card was lost or destroyed, USCIS may waive the requirement of surrendering the card.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartK-Chapter3.html

Unfortunately the language is such that there's no guarantee you'll "get away with it". Having a police report may help your case.

[IcyStar 10]

Actually let me add that it is not a done deal that you must replace your card. The USCIS policy manual on the issuance of a certificate of naturalization states:

USCIS will not issue a Certificate of Naturalization to a person who has not surrendered his or her Permanent Resident Card (PRC) or Alien Registration Card (ARC) evidencing the person’s lawful permanent residence. If the person established that his or her card was lost or destroyed, USCIS may waive the requirement of surrendering the card.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartK-Chapter3.html

Unfortunately the language is such that there's no guarantee you'll "get away with it". Having a police report may help your case.

having police report will definitely help!i dont think that there will be some serious consequences,i remember i saw the special forms on uscis site for those whos green cards were either lost,or stolen.yes it takes time,but if you have police report-it's worth trying,and no worries it proves that it was not green card holder's fault

[missicy 87]

Thank you, Shub and IcyStar. I think I'll just play it safe, though, and file I-90 for a replacement card since it looks like my employer will reimburse me for the $450 fee (the robbery happened at my place of employment).

[Brother Hesekiel 2,236]

First, semantics.

There's a difference between misplaced, lost, stolen, or robbed.

If you were the victim of a robbery, you will have a police report stating this. In that case you may as well roll the dice and see if you get away with it. The worst thing that can happen is that you get an RFE for the missing Green Card. If so, you'll file the I-90 (possibly with an I-912 fee waiver) and about 10 days later you'll have the NOA1 in your mail box. That's all you need, as it's not about having the Green Card, but about you paying Uncle Sam money. If you have the NOA1, wich is the receipt for the I-90 in your hand, it's as good as the actual Green Card for naturalization purposes.

[missicy 87]

I ended up filing for a replacement in early February. Hadn't gotten any updates after biometrics until today when I got an update saying my application has been approved and that my new card is on its way. Funny thing is I am taking my oath to become a US citizen in 9 days so I am receiving a new card only to give it back a few days later (if it even gets to me before my ceremony). What a waste of money!