Naturalization and updated policy to automatically extend Green Cards for Naturalization Applicants

[Leah88 192]

Good afternoon everyone,

 

I have a question in regards to the automatic green card extension for LPRs who properly file Form N-400. Me and my husband are stationed in Germany, and I have already been to the JAGS office on base, in order to get an experts advise. 

Unfortunately, the lawyers on base have not been a big help, because they usually do not deal with cases like mine, and I believe I need an experts advice. 

Here is the situation: 

-I am on my husbands orders and able to apply for expedited naturalization (N-400) until this summer (we will be stationed back to the US next summer)

-we are still waiting for our taxes to send out the application with the jointly filed taxes

-I found the below article, saying the USCIS updated their policy and if I understand correctly, I will not have to apply for the removal of conditions or an extension of the Green card, if I file for the naturalization (N-400). 

 

Here are my questions: Is there anyone in this group who has worked with a good military lawyer or immigration lawyer? Due to past experiences I am scared to make a mistake and potentially loose my Green card.

I would need to file for the removal of conditions 90 days before the expiration date, so this February. However, if I have the choice I would much rather just file for the N-400, and become a citizen.

 

Thank you for your recommendations!

 

Best wishes

Lea

 

Release Date 

12/09/2022

Effective Dec. 12, 2022, U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to allow USCIS to automatically extend the validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents who have applied for naturalization.

This update (PDF, 307.54 KB) is expected to help naturalization applicants who experience longer processing times, because they will receive an extension of lawful permanent resident (LPR) status and may not need to file Form I-90, Application to Replace Permanent Resident Card (Green Card). LPRs who properly file Form N-400, Application for Naturalization, may receive this extension without regard to whether they filed Form I-90. USCIS will update the language on Form N-400 receipt notices to extend Green Cards for up to 24 months for these applicants. The receipt notice can be presented with the expired Green Card as evidence of continued status as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9), if presented before the expiration of the 24-month extension period provided in the notice.

 

https://www.uscis.gov/newsroom/alerts/uscis-updates-policy-to-automatically-extend-green-cards-for-naturalization-applicants

[beloved_dingo 1,932]

1 hour ago, Leah88 said:

-I found the below article, saying the USCIS updated their policy and if I understand correctly, I will not have to apply for the removal of conditions or an extension of the Green card, if I file for the naturalization (N-400). 

I don't have the knowledge to address the rest of your questions and will say that I know very little about the special immigration procedures and rules in place for military personnel, so I am only addressing the bolded part I have quoted from your post. 

 

This new policy does not get rid of the requirement that conditional LPRs have to file I-751 to remove conditions. There are a few exceptions that allow for filing N-400 without ROC, but that was true before the policy you quoted existed. I have not seen anything released by USCIS that changes those exceptions. 

 

Here is a quote from the USCIS policy manual regarding eligibility to "skip" removing conditions: 

 

C. Spouses Eligible to Naturalize without Filing Petition to Remove Conditions

         1. Conditional Residents Filing on the Basis of Qualifying Military Service

Applicants for naturalization who qualify on the basis of honorable military service in periods of hostilities may be naturalized whether or not they have been lawfully admitted for permanent residence. [8] For this reason, such applicants are not required to comply with all of the requirements for admission to the United States, including the requirements for removal of conditions. Accordingly, CPRs who are filing on the basis of such qualifying military service are not required to file a petition to remove conditions and may be naturalized without the removal of conditions from their permanent resident status. 

 

Source: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-5#S-C

 

Edited January 4, 2023 by beloved_dingo

[Leah88 192]

24 minutes ago, beloved_dingo said:

I don't have the knowledge to address the rest of your questions and will say that I know very little about the special immigration procedures and rules in place for military personnel, so I am only addressing the bolded part I have quoted from your post. 

 

This new policy does not get rid of the requirement that conditional LPRs have to file I-751 to remove conditions. There are a few exceptions that allow for filing N-400 without ROC, but that was true before the policy you quoted existed. I have not seen anything released by USCIS that changes those exceptions. 

 

Here is a quote from the USCIS policy manual regarding eligibility to "skip" removing conditions: 

 

C. Spouses Eligible to Naturalize without Filing Petition to Remove Conditions

         1. Conditional Residents Filing on the Basis of Qualifying Military Service

Applicants for naturalization who qualify on the basis of honorable military service in periods of hostilities may be naturalized whether or not they have been lawfully admitted for permanent residence. [8] For this reason, such applicants are not required to comply with all of the requirements for admission to the United States, including the requirements for removal of conditions. Accordingly, CPRs who are filing on the basis of such qualifying military service are not required to file a petition to remove conditions and may be naturalized without the removal of conditions from their permanent resident status. 

 

Source: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-5#S-C

 

Hey thanks so much for your reply!! They have yet another policy for conditional greencard holders - it states pretty much that I’m eligible to apply I believe. I would have to make sure to apply before the 90 days timeframe - it is so complicated I definitely want to contact a lawyer.. https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-5?fbclid=IwAR2jnu2qWZscVTWFy1MKDD6I9t3vQE4OFs3hmekL2B-WjRAWjE2d8yP2edM

[SteveInBostonI130 3,319]

1 hour ago, Leah88 said:

Hey thanks so much for your reply!! They have yet another policy for conditional greencard holders - it states pretty much that I’m eligible to apply I believe. I would have to make sure to apply before the 90 days timeframe - it is so complicated I definitely want to contact a lawyer.. https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-5?fbclid=IwAR2jnu2qWZscVTWFy1MKDD6I9t3vQE4OFs3hmekL2B-WjRAWjE2d8yP2edM

 

I do not believe you qualify under Chapter 5, C, 1 or 2.  

5-C-1 is for CPR who are themselves in military service and serving during hostilities.

 

5-C-2 is for spouses of USC's employed abroad.  Military service deployment is one of those things where the USC is still a US employee, so I am not sure if this applies to spouses of military members.

 

Instead of going to JAGS, I would contact the USCIS military help line:

 

https://www.uscis.gov/military/military-help-line

[PBabz 137]

On 1/4/2023 at 8:26 PM, Leah88 said:

Hey thanks so much for your reply!! They have yet another policy for conditional greencard holders - it states pretty much that I’m eligible to apply I believe. I would have to make sure to apply before the 90 days timeframe - it is so complicated I definitely want to contact a lawyer.. https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-5?fbclid=IwAR2jnu2qWZscVTWFy1MKDD6I9t3vQE4OFs3hmekL2B-WjRAWjE2d8yP2edM

I was asking a similar question not too long ago.. 

In short, if you are the spouse of an active duty US citizen “regularly stationed abroad” I believe if the term USCIS have used, and you are listed on your spouse’s orders as a dependent, you CAN apply for expedited Naturalization WITHOUT applying for the I-751 to remove conditions on your conditional green card. You need to have orders for at least 2 years I think, but take a look at some of the information below, it links to the policy manual and the exceptions where the time frames required are explicit.

The big IF here, as you stated was ensuring that your application is sent and in process before the 90 day expiry window of your green card opens. Otherwise, like me (😔) you WILL have to apply for that removal of conditions then Naturalization. 
 

I spoke to the military helpline who weren’t a great deal of help, pointed me to the US Embassy here in the UK who pointed me to the USCIS military helpline.. I’m sure you can see where that went! 

Unless you’ve had some really awful experiences and some issues regarding your immigration past, I wouldn’t personally recommend a lawyer. There’s a lot of support here on the forum and you’re best to save your money. Read as much as you can and you’ll be okay, ask all the questions you need too. That’s how we’ve gotten this far!

 

See if any of the info here helps: 

 

Edited January 6, 2023 by PBabz

[Iscir 295]

Unfortunately you will have to file for ROC. You can apply for naturalization before removal of conditions, but you once your 90 days for ROC start you have to file for it within that time frame. Happened to me, my 90 days started when I already had the naturalization interview scheduled, so I had to file for ROC anyway 😢

 

[Letspaintcookies 2,208]

Leah 🤗 omg haven't heard from you in a while. How did y'all made everything happen with your greencard? I'm glad it did worked out somehow 😊