Green card lost and expiring, should we apply for citizenshipship?

[Mike E 11,726]

I don’t see USCIS providing an adit stamp unless you put skin in the game.  Since the end goal is to become a citizen, file N-400 with what you have, and see if you can get an adit  stamp   

1 minute ago, iamanamericanwife said:

I did not say before but I am sure we have the old 2-year temporary GC. Would that be enough to file the N-400?

Absolutely   

[OldUser 5,071]

4 minutes ago, iamanamericanwife said:

I did not say before but I am sure we have the old 2-year temporary GC. Would that be enough to file the N-400?

You can file today. I would not include copy of 2 year GC, this will likely confuse USCIS. They'll think you still have to remove conditions. Include copy of 10 year GC if you happen to have it.

 

It's good that you have 2 year GC though, especially because it has the Alien number on it.

Edited March 10, 2023 by OldUser

[Adujarric 67]

4 hours ago, Beth & Achraf said:

 

 It's required the beneficiary carries green card on them always.

 

This seem like the reason everyone misplaced their green cards. I my self never carry such important documents on me i rather keep it safe at home. I was a green card holder for 20 years and never once was i asked to show proof of my immigration status. But then again thats just me 🤗

[Allaboutwaiting 2,500]

Just now, Adujarric said:

This seem like the reason everyone misplaced their green cards. I my self never carry such important documents on me i rather keep it safe at home. I was a green card holder for 20 years and never once was i asked to show proof of my immigration status. But then again thats just me 🤗

I agree the majority of LPR's do not carry the GC with them on a daily basis, even though not complying is a misdemeanor.

 

Truth is that except when returning to the US or entering certain government facilities it is not necessary. A real ID/ drivers license is more than enough. 

 

 

[Adujarric 67]

6 minutes ago, Allaboutwaiting said:

I agree the majority of LPR's do not carry the GC with them on a daily basis, even though not complying is a misdemeanor.

 

Truth is that except when returning to the US or entering certain government facilities it is not necessary. A real ID/ drivers license is more than enough. 

 

 

Yes it seems like this usually gets enforce during workplace enforcement actions by ice. So if you work in a place were there is a numerous amount of illegal aliens employed better keep it on you just as a precaution. 

[Mike E 11,726]

6 hours ago, Adujarric said:

This seem like the reason everyone misplaced their green cards.

i think most people with misplaced green cards are  they are those who don’t carry them in the wallets of their owners. Never misplaced by gc, or DL.  Haven’t misplaced my passport card either. I don’t misplace credit cards or cash either   

 

Whereas i hunted for days to find my paper I-94 when i adjusted status from an F-1 status.  Ended up dropping it of at my lawyer’s residence the night before the interview.

 

I now ha

6 hours ago, Adujarric said:

 

 

I was a green card holder for 20 years and never once was i asked to show proof of my immigration status. But then again thats just me 🤗

Twice in one week for me; staying in El Paso. Border patrol operates north of El Paso. Fairly routine  if you live near the border. Would hate to be detained by BP in 120 degree temperatures while they verify my status. Or have BP impound my vehicle which has happened in my neighborhood

 

So my passport card stays with me. And if my house burns down with my passport and nc with it, I have  evidence of authorized presence.

 

https://www.npr.org/2019/02/15/695184555/americans-who-were-detained-after-speaking-spanish-in-montana-sue-u-s-border-pat#:~:text=Two women who were detained,asked to see their identification.

I wish USCIS still issued wallet sized evidence of citizenship. Shame on state DMVs who don’t issue EDLs   

[Beth & Achraf 328]

On 3/10/2023 at 5:12 PM, Adujarric said:

This seem like the reason everyone misplaced their green cards. I my self never carry such important documents on me i rather keep it safe at home. I was a green card holder for 20 years and never once was i asked to show proof of my immigration status. But then again thats just me 🤗

You were lucky, all LPR over 18 years of age are to carry it at all times to shows their residency in the US   It is considered official evidence of your LPR status

(See Section 264(e) of the Immigration and Nationality Act 

[iamanamericanwife 0]

I saw this: https://rjimmigrationlaw.com/resources/what-is-an-adit-stamp-and-when-is-it-needed/

 

When is an ADIT stamp not needed?

If you are a lawful permanent resident with an expired green card an ADIT stamp is not needed in the following situations:

• You have a USCIS Receipt Notice extension that is still valid – For permanent or conditional residents in possession of their expired cards, who have a receipt notice listed above and the corresponding automatic extension listed on the receipt notice has not yet expired.
• You have a pending N-400 – You filed form N-400 on or after December 12, 2022, and the N-400 was filed at least six months before the expiration of your green card, the N-400 receipt will provide an automatic extension of your LPR card for 24 months. An ADIT stamp will not be needed within that 24-month extension period.

 

So it looks like after you apply for N-400 6 months before the green card expires you do not need a ADIT stamp. But my husband expires in less than 3 months. Are we supposed to ask for the stamp?

 

I am not sure why there is that "at least six months before the expiration" condition.

 

I also wonder if we will be able to get a stamp with a N-400 pending. 

 

And last question, what would happen if the N-400 is denied for any reason (maybe an error in the form) while out of the country?

 

[OldUser 5,071]

He must get the stamp before leaving the US if he lost the GC. It's likely USCIS will want to see I-90 filed for lost GC.

 

If N-400 is denied, nothing will happen if he has a valid stamp in the passport.

 

 

 

Edited March 28, 2023 by OldUser

[Crazy Cat 39,625]

  @OldUser addressed it.

Edited March 28, 2023 by Crazy Cat

[OldUser 5,071]

4 minutes ago, Crazy Cat said:

  @OldUser addressed it.

Had to update the answer after looking through messages in thread.

 

The GC is lost, so stamp is definitely needed for leaving the US.

[iamanamericanwife 0]

13 minutes ago, OldUser said:

Does he have a 10 year GC already?

Yes, he had a 10 year GC that was lost and it is expiring in June.

 

 

I found this: https://www.immigrationhelp.org/news/green-card-expires-while-waiting-for-citizenship

How Does an Expired Green Card Affect Your Naturalization Process?

Under U.S. immigration law, you need a valid green card (also known as a permanent resident card) to apply for citizenship through naturalization. After holding a green card for five years (or three years if you have a marriage-based green card), you can apply for citizenship through naturalization. 

But it can take 18-24 months for USCIS to process your citizenship application, so depending on when you apply to become a U.S. citizen, your green card may expire during the citizenship application process. Thankfully, USCIS recently changed its policy and now grants an automatic 24-month extension on your green card if you filed Form N-400 on or after Dec. 12, 2022

...

Can You Travel or Work With an Expired Green Card?

Yes, but you will need additional paperwork. With the new green card extension, the validity of your green card is extended by 24 months if you applied for naturalization on or after Dec. 12, 2022. Your citizenship application receipt (N-400 receipt notice), plus your expired green card provides evidence of valid employment authorization. 

 

 

 

Sooooo.. Is the 2 years old one that he had before the 10yr old that we still have is valid as "expired green card" since his 10yr GC is lost? 

 

 

 

Edited March 28, 2023 by iamanamericanwife
Clarification

[OldUser 5,071]

13 minutes ago, iamanamericanwife said:

Sooooo.. Is the 2 years old one that he had before the 10yr old that we still have is valid as "expired green card" since his 10yr GC is lost? 

Forget about the 2 year GC. If he had 10 year GC, the conditional one is not valid for anything. He should get an ADIT (I-551 stamp) and / or replacement 10 year GC by filing I-90. The best course of action is just to naturalize and travel after with US passport. Or get the stamp in valid foreign passport.

Edited March 28, 2023 by OldUser

[iamanamericanwife 0]

49 minutes ago, OldUser said:

He should get an ADIT (I-551 stamp) and / or replacement 10 year GC by filing I-90.

 

The best course of action is just to naturalize and travel after with US passport. Or get the stamp in valid foreign passport.

Well, the ADIT stamp is free at the moment but the I-90 is $455!  I would prefer to avoid wasting $455. 

 

It is quite a restriction having not to travel outside of the US for 12-48 months.

 

By the way, we should be able to get an I-551 that is valid for 1 yr but would we be able to get another one if the N-400 is not precesses yet?

Edited March 28, 2023 by iamanamericanwife
Typos

[OldUser 5,071]

9 minutes ago, iamanamericanwife said:

Well, the ADIT stamp is free at the moment but the I-90 is $455!  I would prefer to avoid wasting $455. 

You need to convince USCIS to give you stamp without filing I-90. They will likely insist on filing it. LPR suppose to have GC, and if it's lost, damaged or expired - file I-90.

Has your husband called them and asked for an appointment?

 

9 minutes ago, iamanamericanwife said:

By the way, we should be able to get an I-551 that is valid for 1 yr but would we be able to get another one if the N-400 is not precesses yet?

He can ask for it once the stamp expires. There's no limit on how many stamps he can get. But again, USCIS will likely ask why I-90 wasn't filed. 

 

I think all the answers were already provided in this thread. Either he needs to get new GC, I-551 stamp or naturalize to travel. There's no easy way for him to come back to the US without it. If stuck abroad, he'd have to file I-131A to return. Fee for that is $575.

Edited March 28, 2023 by OldUser