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I have expired green card since 2005. Since I cant work ( medical disability) I never renewed my card. Can I apply for US Citiz?

Walnut Creek, CA |

I am from Nepal living in US till 1993. I was conditional permanent resident since 2000 and my conditional status was removed by the INS on 2005. However due to health condition ( I am disable) I was not able to go to INS and renew my green card and get a new one. Please let me know how do I proceed now. I also heard that rather than applying for the green card, I can directly apply for the US citizenship since my condition was removed on 2005. I was told that once you are a permanent residence, regardless of your green card expiration, your status will remain as permanent residence. Please advice.

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Attorney answers 2


If your conditional green card expired, and you did not submit an I-751, you are now illegally present in the U.S. Do not apply for naturalization. You are not eligible. Time to schedule an appointment with an experienced immigration attorney. Please see

Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Carl Michael Shusterman

Carl Michael Shusterman


If your conditional residence was removed, apply for a replacement green card using form I-90, and later apply for naturalization.


You still need to apply to get a new/replacement green card (I-551), Lawful Permanent Residents are supposed to have their green card with them at all times. Alien's (or immigrants) are eligible for citizenship after 5 years (3 if still married to their U.S. Citizen spouse). When you apply for citizenship you are normally required to furnish a copy of your green card (unexpired) with your application. You should meet with an attorney who can help you determine whether you want to apply for citizenship.

This answer should not prevent you from speaking to a lawyer and disclosing all facts about your case. Additionally, it should not prevent you from filing to see if you are eligible. Please seek an attorney for an initial consultation to review all the specific facts of your case.

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