09 Jun Can you naturalize if you overstayed your green card?

By Atty. Chris Caday Lozano

Many clients have an expired green card and ask me if they can naturalize.  The answer is it depends on your period of residence inside the U.S.  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 residency,  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 card which we will discuss.

1.       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.

2.       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.

3.       What happen if the Advance Parole document is lost?

If inside the United States, complete and properly file an Application for Travel Document (Form I-131) with USCIS, with appropriate fees.

There is no process to seek a replacement advance parole document, including a combo card (employment and travel authorization documented on a single card), outside the United States. In cases where an advance parole document was lost, stolen, or destroyed while overseas, requestors should contact the closest USCIS international office or U.S. embassy or consulate.

Please note that in general, if a requestor applies for advance parole while in the United States, and departs the United States before the advance parole document is issued, the requestor may be found inadmissible to the United States upon return, or even if admitted, may be found to have abandoned his or her application.

Note:  This is not a legal advice and presented for information only. 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. 

Bankruptcy Basics

1. 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 your debts are paid.
2. If you are being sued by your creditors, most money judgment can be eliminated in bankruptcy.
3. Collection actions continue and you can be sued if you are in debt settlement.
4. Chapter 7 will eliminate all unsecured debts.  If you are near retirement age, you must eliminate most of your debts.

Success Stories

For the month of May 2022, we received approvals from USCIS seven naturalization applications, three  Fiancée visa petition,  six removals of condition on residence and five adjustment of status applications.

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 practices immigration law, bankruptcy, personal injury  and income tax problems since June 1999.  His contact phone is 1-877-456-9266, email: info@CCLlaw.net  Website:  www.crispinlozanolaw.com/