Filing N400, my GC will be expiring Oct 2016.

[skywalkerjedi 1]

Hi everyone!

Thank you for taking time to read my queries. I have been a GC holder for almost 10 years, I have a family living here and my wife is already a US citizen. I have 4 kids, all US citizens. I'm about to apply for citizenship and my problem is my GC is expiring Oct of 2016. If I apply April 2016, what's the timeline for it to he approved? I worry about overstaying and I'm afraid my application won't be approved on time. Is there a form where I can file an extension of my GC? Or is it okay to overstay while I await for my papers?

Thanks in advance and have a great day!

[JimmyHou 610]

Hi everyone!

Thank you for taking time to read my queries. I have been a GC holder for almost 10 years, I have a family living here and my wife is already a US citizen. I have 4 kids, all US citizens. I'm about to apply for citizenship and my problem is my GC is expiring Oct of 2016. If I apply April 2016, what's the timeline for it to he approved? I worry about overstaying and I'm afraid my application won't be approved on time. Is there a form where I can file an extension of my GC? Or is it okay to overstay while I await for my papers?

Thanks in advance and have a great day!

1) No such thing as overstaying on a green card. If the green card expires, you are still a legal permanent resident, just like if your passport expires, you are still a legal citizen.

2) If your green card is expiring in 6 months or more, you can apply for naturalization without renewing the green card. If it is already expired or about to expire in less than 6 months, then you need to renew it first. That's what USCIS says officially, but see point (3).

3) Regardless of what USCIS says in point (2) above, many applicants apply with expired or about-to-expire- green cards and are approved for naturalization. USCIS seems to have an informal policy of ignoring this requirement.

You will have trouble traveling if your green card expires and you are still not a citizen; you can file for a GC extension, but it will take several months and is expensive. Check the USCIS website for green card renewal.

[newacct 688]

You will have trouble traveling if your green card expires and you are still not a citizen; you can file for a GC extension, but it will take several months and is expensive.

Although if you have an N-400 that is accepted and pending, they will give you an I-551 stamp for free I believe.

Edited April 14, 2016 by newacct

[skywalkerjedi 1]

1) No such thing as overstaying on a green card. If the green card expires, you are still a legal permanent resident, just like if your passport expires, you are still a legal citizen.

2) If your green card is expiring in 6 months or more, you can apply for naturalization without renewing the green card. If it is already expired or about to expire in less than 6 months, then you need to renew it first. That's what USCIS says officially, but see point (3).

3) Regardless of what USCIS says in point (2) above, many applicants apply with expired or about-to-expire- green cards and are approved for naturalization. USCIS seems to have an informal policy of ignoring this requirement.

You will have trouble traveling if your green card expires and you are still not a citizen; you can file for a GC extension, but it will take several months and is expensive. Check the USCIS website for green card renewal.

1. thank you for this. i didn't know that. All along, I thought when your GC expires, you need to leave US. Appreciate the input.

2. I am in the 6 months' window and money is tight. I can't pay two fees for now.

3. I might just go ahead for the naturalization. I don't have plans of going out of the country just yet.

Thanks for all the help.

[skywalkerjedi 1]

Although if you have an N-400 that is accepted and pending, they will give you an I-551 stamp for free I believe.

Thank you. I'll take note of this.

[kiwibean 42]

Mine expires at the end of August, and I just filed for citizenship this month. So we're pretty much in the same situation!

From reading here, I believe they won't necessarily give you the stamp unless you apply for your N-400 6 months before your green card expires. So I would not be eligible. If it comes down to it, I'll make an inforpass appointment and ask though!

[JimmyHou 610]

Mine expires at the end of August, and I just filed for citizenship this month. So we're pretty much in the same situation!

From reading here, I believe they won't necessarily give you the stamp unless you apply for your N-400 6 months before your green card expires. So I would not be eligible. If it comes down to it, I'll make an inforpass appointment and ask though!

There isn't such a requirement for a stamp... if your green card has expired, they should give you a stamp if you have an application pending... be it for a replacement card or for naturalization. So if you think you might be traveling, go get a stamp when your card expires or is about to expire. You should have no problem.

Interestingly, in Texas, the DPS (called the DMV in other states) is very strict when it comes to immigration status... they will sometimes only renew your license to the expiry date on your green card and I've read about one case where an applicant needed to get a stamp (good for 1 year so that they could extend their drivers license by 1 year (it expired as they were waiting for naturalization). Other states may have similar rules... I bring this up just to show that there may be reasons other than travel to get a stamp.