As a lawful permanent resident (LPR) of the United States, one of the most important things to keep in mind is the expiration date of your Green Card. If you allow your Green Card to expire, you may face significant challenges in traveling, obtaining employment, and accessing benefits that are available only to LPRs. However, if you have filed Form N-400, Application for Naturalization, you may be eligible for an automatic extension of your Green Card.
What is Form N-400?
Form N-400 is the application for naturalization, which is the process by which a non-citizen becomes a U.S. citizen. In order to be eligible for naturalization, an applicant must meet a number of requirements, including having been a lawful permanent resident for a certain period of time, being able to read, write, and speak English, and having a basic understanding of U.S. history and government.
Why is there an automatic extension of Green Card?
When you file Form N-400, you are indicating your intention to become a U.S. citizen. As part of the naturalization process, you will be required to attend an interview and take an oath of allegiance to the United States. However, because the naturalization process can take several months or even years, the U.S. Citizenship and Immigration Services (USCIS) has recently started to provide the possibility of receiving an automatic extension of your Green Card for up to 24 months. Once you file your N-400, USCIS will issue a receipt notice indicating that your Green Card will remain valid for up to 24 months.
What this means is that you are able to show your passport, current expired Green Card, and the receipt notice granting the automatic extension of your Green Card to continue to work, travel, and access benefits that are available only to LPRs while your naturalization application is pending. This extension will be granted automatically as long as you file Form N-400 before your Green Card expires and you meet certain eligibility criteria. You do not have to file for a Green Card renewal for up to 24 months after filing for your naturalization, which will greatly save you time and money.
What if my Green Card is already expired or is lost?
If your Green Card has already expired, you will need to file an I-90 Renewal petition requesting a new Green Card prior to filing an N-400 petition. This is because the N-400 requires you to show and attach an active Green Card with the application to show you are in valid status.
If you lost your Green Card, you will need to file an I-90 petition requesting a new Green Card prior to filing an N-400 petition. Even if you receive the notice from USCIS that provides for this extension, you will still need to show your Green Card with the notice to qualify for this extension. Therefore, you will need to have a Green Card to qualify, whether it is expired or valid.
In conclusion, if you have filed Form N-400, Application for Naturalization, before the expiration date on your Green Card, you may be eligible for an automatic extension of your Green Card. This extension will allow you to continue to work, travel, and access benefits that are available only to LPRs while your naturalization application is pending. If you have any questions about the automatic extension of your Green Card, or the naturalization process in general, you should consult with an experienced immigration attorney. Please give us a call, send us an email, or fill in our contact form for further guidance regarding your specific case. We are always ready to provide our services.
The above statements are for informational purposes only and do not constitute legal advice regarding a specific situation or issue. Every case is different and is evaluated on its own merits and facts. The choice of a lawyer is an important decision and should not be based solely on advertisements.