GC Expired and travel outside the country while US Citizenship in process

[Faraz.azeem 1]

Hi,

I am looking to get expert opinion from the VJ members. My sister's US Citizenship is in process and we are still waiting for the interview date. Also, her green card has been expired since a year. Now we have to travel in July. We went to the Boston USCIS office to get an I-551 stamp on the passport and they told me that they cannot stamp it if the green card expired is more than 6 months. They told us we have to file a green card renewal and then come back for I-551 stamp. We tried to tell him that my citizenship is in process and I will be the US Citizen in 6-7 months.

I don't understand when the citizenship application is in process, how can you apply for green card renewal ? Also, why the N400 receipt or biometric letter is enough for I-551 stamp ? We don't like to hamper the citizenship process, but we really need to travel outside the country in July.

Can someone please help ? Should we approach the lawyer for this issue ?

 

Thanks

 

Edited May 17, 2019 by Faraz.azeem

[Crazy Cat 43,963]

If it is a conditional green card which has expired, did she file for removal of conditions ?  

[Jeanne Adil 1,651]

You asked USCIS and they gave you an answer

Did they say she is out of status?

Did she ROC?

 

you say citizenship is in process but how long?

we are waiting since September

and figure it will be at least a year

 

 

[Mollie09 1,543]

Sounds like you have to apply to get a new GC, and maybe get a stamp with the NOA from that.

And you can't leave the country and expect to come back in with an expired GC and a processing naturalization application.

Edited May 17, 2019 by Mollie09

[USS_Voyager 1,974]

I am a little confused. Is it your case or your sister's case? Because in one part it's "My sister's US Citizenship is in process" and in another part it's: "We tried to tell him that my citizenship is in process and I will be the US Citizen in 6-7 months"

 

 

9 minutes ago, Faraz.azeem said:

 

I don't understand when the citizenship application is in process, how can you apply for green card renewal ?

 

 

Why not, you're still a green card holder until the moment you take the oath to be a US citizen, not a moment sooner. 

 

13 minutes ago, Faraz.azeem said:

Also, why the N400 receipt or biometric letter is enough for I-551 stamp ?

From what I understand, that's not the problem.They told you what the problem was, that is because the her (or it is yours) green card has been expired for more than 6 months. That's what prevented them from giving the stamp

 

15 minutes ago, Faraz.azeem said:

Can someone please help ? Should we approach the lawyer for this issue ?

No, they told you how to fix it it. Apply for the renewal GC, wait for the receipt and come back and they will stamp the I-551. I don't understand why you're confused?

[Jeanne Adil 1,651]

7 minutes ago, USS_Voyager said:

I am a little confused. Is it your case or your sister's case? Because in one part it's "My sister's US Citizenship is in process" and in another part it's: "We tried to tell him that my citizenship is in process and I will be the US Citizen in 6-7 months"

 

 

 

Why not, you're still a green card holder until the moment you take the oath to be a US citizen, not a moment sooner. 

 

From what I understand, that's not the problem.They told you what the problem was, that is because the her (or it is yours) green card has been expired for more than 6 months. That's what prevented them from giving the stamp

 

No, they told you how to fix it it. Apply for the renewal GC, wait for the receipt and come back and they will stamp the I-551. I don't understand why you're confused?

sounds like it is the OP as married 2013 and entered 2014 giving a 2 year green card 

so,  it is time for his citizenship

[NikLR 13,232]

But did she remove conditions?

[USS_Voyager 1,974]

Just now, NikLR said:

But did she remove conditions?

I gave him (or is it her?) the benefit of the doubt, because he said they went to USCIS Boston office where they were told to renew the GC, so I assume USCIS checked the case and if there is an expired conditional GC holder, they would definitely know by now. So I assume it's the regular 10 year card...

[Boiler 47,132]

What they told you, apply for GC renewal, get the stamp sounds right. GC renewal could take a year or more.

[Crazy Cat 43,963]

12 minutes ago, USS_Voyager said:

I gave him (or is it her?) the benefit of the doubt, because he said they went to USCIS Boston office where they were told to renew the GC, so I assume USCIS checked the case and if there is an expired conditional GC holder, they would definitely know by now. So I assume it's the regular 10 year card...

Maybe....either way, he/she will need an NOA to get the stamp, I guess.....

[Mollie09 1,543]

16 minutes ago, USS_Voyager said:

I gave him (or is it her?) the benefit of the doubt, because he said they went to USCIS Boston office where they were told to renew the GC, so I assume USCIS checked the case and if there is an expired conditional GC holder, they would definitely know by now. So I assume it's the regular 10 year card...

LOL, you overestimate USCIS's competence

[nastra30 2,517]

15 hours ago, Faraz.azeem said:

 

I don't understand when the citizenship application is in process, how can you apply for green card renewal ? 

OP, citizen application does not change your current status. Your current status is still a greencard holder and nothing else. Citizenship application is just that - a citizen application; until you've taken the naturalization oath you must still abide by the greencard rules.

[NikLR 13,232]

This is so much easier when the person with the actual problem posts.