Green Card just expired

[Thegirl 224]

If you applied at least 6 months before it expired should call USCIS and request an interview for an i-551 stamp. The stamp is evidence of your status until you get your Citizenship. 

[NEW CITIZEN 151]

If your GC expires, your status doesn't change.

[HRQX 4,145]

1 minute ago, NEW CITIZEN said:

If your GC expires, your status doesn't change.

Correct. No one has stated otherwise.

Edited October 10, 2020 by HRQX

[NEW CITIZEN 151]

58 minutes ago, Thegirl said:

If you applied at least 6 months before it expired should call USCIS and request an interview for an i-551 stamp. The stamp is evidence of your status until you get your Citizenship. 

 

11 minutes ago, HRQX said:

Correct. No one has stated otherwise.

See above

 

My GC was expired, and I refused to spend another $600 in addition to the N400.

 

No one questioned me.

[HRQX 4,145]

9 minutes ago, NEW CITIZEN said:

My GC was expired, and I refused to spend another $600 in addition to the N400.

The post you quoted clearly mentioned that I-551 (ADIT) stamp "is evidence of your status." It did not say that expired GC means end of status.

 

OP might be able to get free I-551 stamp based on pending N-400: https://www.uscis.gov/i-90 "Additionally, if you applied for naturalization at least six months before your Green Card expired, you may be able to receive an ADIT stamp instead of filing a Form I-90. If you need assistance, contact the USCIS Contact Center." I assume OP's GC expired after August 18, 2020:

On 10/8/2020 at 12:24 PM, fieldtripper said:

so now I’m still waiting for the Interview Civic test. My GC just expired

 

[ThaOne 101]

On 10/8/2020 at 5:22 PM, mushroomspore said:

Yeah file the I-90. They're gonna ask for the GC and when they see it's expired, they'll ask for an I-90 receipt notice. I don't think they approve anyone for citizenship if the applicant shows up with an expired GC only.

Who said so? They ask for GC still valid or expired. Note that an expired green card doesn't mean one is no longer a LPR.

[Benjamin44 10]

A casual search of this topic on VJ reveals that there is conflicting information on this topic that's been posted- even in this thread, there is a disagreement. Hopefully, this thread will be the one that clears it up- maybe it should even be pinned? (Granted, most people probably apply for N-400 before the 10-year card expiry if they are going to at all, but still.)

It seems pretty clear from the USCIS website at uscis.gov/i-90- generously posted here by HQROX, and as suggested above by Thegirl- that as long as you applied for naturalization at least 6 months before the card expiry date, you are eligible for a FREE I-551/ADIT stamp WITHOUT needing to file I-90. This makes sense really- the N-400 application is proof that you only need evidence of LPR status temporarily, which is a condition for an ADIT stamp (it's obviously not intended to replace the Green Card, such that you can keep getting them indefinitely every year- it's meant to be temporary evidence until some other event supersedes it, usually the new card arriving via I-90 but N-400 is an equally valid event that will render need for temporary PR evidence moot). So, for the OP, if his/her card expired after August 18, 2020, there is NO NEED at all to File I-90; instead, just request an I-551 stamp. You should be able to do this at your upcoming interview, though if you are nervous waiting that long or need to travel you can just make an INFOPASS appointment and do it there. Bring your passport, green card, as well as evidence of your pending N-400 application with the date (though hopefully they should have this in their system). 

 

For those who applied LESS than 6 months before card expiry, the situation is murkier, but I don't agree that it's a given that filing a Form I-90 is definitely required. There are other posters- in other threads- who stated that they simply did nothing, never requested a stamp- they just turned in their expired GC at the oath ceremony without any problems.  Granted- technically, they were probably in violation of the rule that required PRs to keep valid proof of status on them at all times, but this is seldom enforced; it is an individual decision if people are comfortable with that, weighed against the hefty I-90 fee. If one needs to travel, though, then of course you would need the I-551/ADIT stamp. (But as others have pointed out, starting a new job should be no problem without a stamp, as the SS Card + Driver's license combo satisfies the I-9 requirement.) But I don't see conclusive proof anywhere that you can't get it for free without filing an I-90, if you have a pending N-400 that was filed less than 6 months before card expiry (only proof that you CAN get it if it was filed before then). So worst case, for anyone reading this later for whom its relevant- why not make an INFOPASS appointment and ask to get one? Or ask at your interview if it's soon enough. Worst case they deny it and make you file the I-90, but then you're not worse off for trying (save for the time you spent at the appointment). 

 

Hope this helps clear it up- especially for those who filed their N-400 more than 6 months before card expiry, I think it's clear that there is NO NEED to file the I-90 to get the free I-551/ADIT stamp.

 

[HRQX 4,145]

26 minutes ago, Benjamin44 said:

So worst case, for anyone reading this later for whom its relevant- why not make an INFOPASS appointment and ask to get one?

Just a note that must call USCIS Contact Center to try to get ADIT stamp appointment.

 

"If you are inside the United States, you can no longer schedule an appointment online using InfoPass for domestic offices." https://my.uscis.gov/en/appointment/v2

[fieldtripper 1]

Thank you for all the replies, they were helpful. I contacted USCIS via phone, was on hold for an hour. When I got through I explained my situation and asked if I needed to file for I-90 or get ADIT stamp. He told I was ok and did not need to do either since I applied for the N400 7 months prior of my GC expiring. He said I only need to request an ADIT stamp if I needed it for work or travel reasons. I did not, so I’m fine as I continue to get an update for my naturalization. Hopefully everything goes smooth, I always like to double check too. Anyways, thank you to this community. Good luck to everyone.