05 Jan Can you apply for naturalization if your green card has expired?
This is the best time in decades to apply for naturalization. Why? It is because the Us government is encouraging all qualified green card holders to apply for citizenship so that they can vote in the 2024 presidential election. In the past years, you will need to satisfy the immigration officers that all your evidence are air tight before they approve your application. That means all court records must be original and how you get your green card in the first place.
The application process is now reduced to the minimum time. Generally you can be interviewed within six months. After the interview you can take your oath and bring home the Certificate of Naturalization to apply for a US passport. Everything has been made easy for all applicants.
Many clients have an expired green card and ask me if they can naturalize if their green card is lost or expired. The answer is yes but you need to satisfy the residence requirements. If you have been in the U.S. for continuous 5 years (3 years for married to U.S. citizen based green card) then you may qualify for applying for naturalization based on your residency even if the green card expired or has been lost. On the other hand, there are those who overstayed outside the U.S. for more than 180 days but less than one year. They may qualify if they can prove that they did not relinquish their residence in the U.S. For those who overstayed for more than one year they will have to maintain a continuous residence for four years and one day after returning to the U.S. to apply for citizenship
Green cards are important especially when traveling abroad and applying for citizenship. There are certain issues about replacing green cards which we will discuss.
- Lost green card. The person who lost his green card may file to renew their USCIS-issued green card that have expired or replace ones that have been lost, stolen, mutilated, or destroyed, or that contain an error. If you need to apply for naturalization and you believe you qualify except you lost your green card you may discuss this matter with an immigration attorney.
The person who lost green card may complete and properly file an application to Replace Permanent Resident Card (Form I-90) with USCIS, with appropriate fees (if required), in accordance with the Form I-90 instructions.
What happen if the green card is lost while outside the U.S.?
A Lawful Permanent Resident (LPR) who is temporarily outside the United States for less than 1 year and who is not in possession of a valid green card (for example, it was lost, stolen, or destroyed) may properly file an Application for Travel Document (Carrier Documentation) (Form I-131A) to request documentation to demonstrate to an airline or other transportation carrier that he or she is authorized to travel to the United States. This transportation letter does not replace the green card. LPRs must still complete and properly file Form I-90 to obtain a replacement of the green card upon arrival to the U.S.
What happen if the Reentry permit is lost?
If inside the United States, complete and properly file an Application for Travel Document (Form I-131) with USCIS, with appropriate fees.
An LPR who is temporarily outside the United States for less than 2 years and who is not in possession of a valid green card (for example, it was lost, stolen, or destroyed) may properly file an Application for Travel Document (Carrier Documentation) (Form I-131A) to request documentation to demonstrate to an airline or other transportation carrier that he or she is authorized to travel to the United States. The transportation letter does not replace the reentry permit. LPRs must complete and properly file Form I-131 upon reentry into the United States to obtain a replacement reentry permit.
Note: This is not legal advice. You should consult with an immigration attorney about the specifics of your case.
IMPORTANT ANNOUNCEMENT
- PETITION FOR CAREGIVERS
Our Law Firm entered into agreement with Care Home Facilities in the U.S. to process applicants for Caregivers in the US
You may qualify if you six months experience as Caregivers
Applicants Inside the United States or in the Philippines or other countries may qualify.
Bankruptcy Basics
We also process Bankruptcy cases.
- Bankruptcy will actually improve your credit within one year because your unsecured debts are discharged. Although the bankruptcy will be in your records for 10 years, not filing bankruptcy will make your credit even worse until most of your debts are paid.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse, which could lead to deportation and family separation.
Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He has practiced immigration law, bankruptcy, and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.