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Hi, my Green Card is expiring in about 3 months. Can I just apply for Naturalization so I won't have to renew my greencard?

Banning, CA |

I think I'm qualified now for naturalization. So I really want to apply for US citizenship as soon as possible.

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Attorney answers 3


You can, if you're eligible. You can file 4 years 9 month after obtaining LPR status - but if you obtained your LPR status through a marriage (and you are still married to the same person), you need only wait 2 years and 9 months. In all likelihood you won't have your application processed before your green card expires, though.

This general advice does not create an attorney-client relationship.



Thank you for the response. Assuming I'm eligible for naturalization, does that mean I won't be required to renew my greencard if I apply for US Citizenship now?



Also can you confirm this Q&A I found on a website please? "What if I applied for naturalization less than six months before my Green Card expires, or I choose to apply for naturalization instead of applying to renew my Green Card? You will still need to apply and pay the filing fee for renewal of your expiring Green Card and ensure that you have evidence of your legal status. ---- Is is true I still need to renew my GreenCard and pay the fees ($450)?

Tracie Lynn Klinke

Tracie Lynn Klinke


It's a question of how careful you want to be. If you apply for citizenship now and your green card expires - what do you have to show you're legally in the US? Will you be able to get your license renewed with an expired green card (even with a pending N-400)? While legally you are probably okay not to renew your green card, it may make your life easier to just get the green card renewed so you have something to show your status in the US.


Yes, if you have held it for 5 years or 3 years if married to USC.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


Yes, if you are otherwise eligible to apply for naturalization.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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