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Rmv0311

expired green card and becoming an USA citizen

By Rmv0311 in US Citizenship General Discussion

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Rmv0311 Explorer

Rmv0311   1

Posted
Filed: Country: Ecuador
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Posted (edited)

Hi all,

My mom has been trying to become a usa citizen 3 times already and 3 times she has failed the test. (this was 2 or 3 years ago)

Now, she is going to try again, by filling out the paper work and pay the fees etc.
My question is, her green card expired 2 years ago, will that be a problem?

if it will be a problem, how can we solve it.

If it is NOT a problem, then i guess i should just carry on with filling out the form

FYI: this is her second 10 year greencard

Edited by Rmv0311

10/31/2012 - I-129F Sent
11/05/2012 - NOA1 (email/text)
11/08/2012 - NOA1 (paper)
05/10/2013 - NOA2 (paper) for some reason, they didn't text me this time.
05/17/2013 - NVC received package.
05/24/2013 - NVC Sent package to Ecuador embassy (I called and they told me that)
05/28/2013 - Received mail from NVC notifying they have send my package to Ecuador.
05/31/2013 - Ecuador Consulate mail package to my fiancée.(I've already scheduled the interview before this)
07/15/2013 - Visa approved!
11/30/2013 - POE (smooth process, she was done in 1 hr)
12/21/2013 - We got married!
12/24/2013 - Applied for SSN
*************AOS***********
03/27/2014 - Sent out AOS, EAD, and AP
04/03/2014 - Received NOA for all 3
04/08/2014 - Received appointment for Biometrics
04/30/2014 - Received RFE (need proof of income)
05/06/2014 - Did Biometrics appointment
05/07/2014 - Sent RFE
06/14/2014 - Received EAD/AP combo card
07/10/2014 - Notice of Potential Interview Waiver Case

02/23/2015 - Opened a Case Inquiry "Outside Normal Processing Time"

03/09/2015 - USCIS responded with a letter, and pretty much said "keep waiting, we'll get to you"

03/24/2015 - "Card was ordered to be produced"

04/03/2015 - Greencard in hand!

*************Lifting Condition***********
12/16/2016 - Date Filed

12/22/2016 - NOA

02/06/2017 - Biometric appointment

12/13/2017 - Received "Notice of Removal of Conditional Basis of Lawful Permanent Residence" APPROVED!

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Unlockable Mentor

Unlockable   7,306

Posted
Filed: Citizen (pnd) Country: Dominican Republic
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Posted (edited)

Yes it is a problem. She is out of status as in no longer a permanent resident. Can't become a US citizen without being a LPR.

She needs to resolve the GC issue immediately. Have her apply for a renewal of GC.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Merrytooth Mentor

Merrytooth   5,748

Posted
Filed: Lift. Cond. (apr) Country: Singapore
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Yes it is a problem. She is out of status as in no longer a permanent resident. Can't become a US citizen without being a LPR.

She needs to resolve the GC issue immediately. Have her apply for a renewal of GC.

Not true, the green card may be expired but the legal permanent resident status does not expire.

Done with K1, AOS and ROC

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Merrytooth Mentor

Merrytooth   5,748

Posted
Filed: Lift. Cond. (apr) Country: Singapore
 Timeline
Posted

Hi all,

My mom has been trying to become a usa citizen 3 times already and 3 times she has failed the test. (this was 2 or 3 years ago)

Now, she is going to try again, by filling out the paper work and pay the fees etc.

My question is, her green card expired 2 years ago, will that be a problem?

if it will be a problem, how can we solve it.

If it is NOT a problem, then i guess i should just carry on with filling out the form

FYI: this is her second 10 year greencard

Read this:

http://www.alllaw.com/articles/nolo/us-immigration/applying-citizenship-expired-green-card.html#

Done with K1, AOS and ROC

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KayDeeCee Grand Master

KayDeeCee   4,891

Posted
Filed: Citizen (apr) Country: Mexico
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Posted

Yes it is a problem. She is out of status as in no longer a permanent resident. Can't become a US citizen without being a LPR.

She needs to resolve the GC issue immediately. Have her apply for a renewal of GC.

They are still a permanent resident. You do not lose your permanent residence status just because your green card expires.

OP> She probably could file for citizenship without renewing the green card, but since she was denied 3 times already, she may want to renew the very expired green card. She may want to show compliance with the law to have a green card in her possession.

https://www.law.cornell.edu/uscode/text/8/1304

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Rmv0311 Explorer

Rmv0311   1

Posted
Filed: Country: Ecuador
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Posted

Thank you all for your response.

We will just renew the green card and leave it at that. Because of her age and half the price, renewing it seems a better option.

10/31/2012 - I-129F Sent
11/05/2012 - NOA1 (email/text)
11/08/2012 - NOA1 (paper)
05/10/2013 - NOA2 (paper) for some reason, they didn't text me this time.
05/17/2013 - NVC received package.
05/24/2013 - NVC Sent package to Ecuador embassy (I called and they told me that)
05/28/2013 - Received mail from NVC notifying they have send my package to Ecuador.
05/31/2013 - Ecuador Consulate mail package to my fiancée.(I've already scheduled the interview before this)
07/15/2013 - Visa approved!
11/30/2013 - POE (smooth process, she was done in 1 hr)
12/21/2013 - We got married!
12/24/2013 - Applied for SSN
*************AOS***********
03/27/2014 - Sent out AOS, EAD, and AP
04/03/2014 - Received NOA for all 3
04/08/2014 - Received appointment for Biometrics
04/30/2014 - Received RFE (need proof of income)
05/06/2014 - Did Biometrics appointment
05/07/2014 - Sent RFE
06/14/2014 - Received EAD/AP combo card
07/10/2014 - Notice of Potential Interview Waiver Case

02/23/2015 - Opened a Case Inquiry "Outside Normal Processing Time"

03/09/2015 - USCIS responded with a letter, and pretty much said "keep waiting, we'll get to you"

03/24/2015 - "Card was ordered to be produced"

04/03/2015 - Greencard in hand!

*************Lifting Condition***********
12/16/2016 - Date Filed

12/22/2016 - NOA

02/06/2017 - Biometric appointment

12/13/2017 - Received "Notice of Removal of Conditional Basis of Lawful Permanent Residence" APPROVED!

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Merrytooth Mentor

Merrytooth   5,748

Posted
Filed: Lift. Cond. (apr) Country: Singapore
 Timeline
Posted

Thank you all for your response.

We will just renew the green card and leave it at that. Because of her age and half the price, renewing it seems a better option.

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/exceptions-accommodations

Might want to look into English Language Exemptions if meet the requirements.

Done with K1, AOS and ROC

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Tom_Jim Community Regular

Tom_Jim   40

Posted
Filed: Citizen (apr) Country: Philippines
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Posted

Yes it is a problem. She is out of status as in no longer a permanent resident. Can't become a US citizen without being a LPR.

She needs to resolve the GC issue immediately. Have her apply for a renewal of GC.

This is the worst advice anyone can dole out. Clearly, you have no idea what you are talking about.

100% Naturalized U.S.D.A. Prime American

proud_filipino_american_trucker_hat.jpg?

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Unlockable Mentor

Unlockable   7,306

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

My mistake. If green card is expired a person can still be in status.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Eric & Idalia Enthusiast

Eric & Idalia   56

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
Posted

This is the worst advice anyone can dole out. Clearly, you have no idea what you are talking about.

Very interesting. I am a LPR but I have to remove restrictions next year. I thought every renewal the LPR needed to go for an interview again.

Thank you.

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EM_Vandaveer Experienced

EM_Vandaveer   2,363

Posted
Filed: Citizen (apr) Country: Hungary
 Timeline
Posted

Very interesting. I am a LPR but I have to remove restrictions next year. I thought every renewal the LPR needed to go for an interview again.

Thank you.

The two-year GC is different. Once you remove the conditions with I-751, your GC is for 10 years, your LPR status can be yours for life as long as you don't lose it (for example, by being convicted of a felony or failing to maintain residence in the US).

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
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Posted

Very interesting. I am a LPR but I have to remove restrictions next year. I thought every renewal the LPR needed to go for an interview again.

Thank you.

Your situation is different.

A conditional green card holder is required to remove conditions to keep his/her status. Failure to remove the conditions results in automatic termination of that person's US permanent residency status.

A regular 10 years green card holder with an expired green card remains a US permanent resident.

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prettypass2000 Explorer

prettypass2000   5

Posted
Filed: Citizen (pnd) Country: Thailand
 Timeline
Posted
On 12/19/2016 at 6:22 PM, Merrytooth said:

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/exceptions-accommodations

Might want to look into English Language Exemptions if meet the requirements.

Her mom still have to take civic question exam. But she can have an interpreter. That's what my friend's mom did. She took an interpreter with her. She's 80 years old at the time and can't speak English. She got exemption from reading and writing but was required to take civic questions exam

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prettypass2000 Explorer

prettypass2000   5

Posted
Filed: Citizen (pnd) Country: Thailand
 Timeline
Posted

 

On 12/20/2016 at 2:23 PM, Eric & Idalia said:

Very interesting. I am a LPR but I have to remove restrictions next year. I thought every renewal the LPR needed to go for an interview again.

Thank you.

Not every LPR needs an interview for renewal. I didn't have an interview for renewal. However, I know some who were interviewed for renewal. I think it's just case by case. 

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