Do I have to apply for new green card first?
Is the four months past expiration of green card a probrem?
Not a problem at all. There is no requirement that you have an unexpired green card prior to applying for naturalization.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You don't need to renew first, but you should make sure that you're eligible to apply.
The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at firstname.lastname@example.org. Veronica Tunitsky offers in-person, as well as telephone and email consultations.
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Generally you must be a permanent resident for 5 years before becoming eligible for naturalization. There are some exceptions however. The expiration of your green card does not mean that your permanent residency status has expired. So you should be able to apply for naturalization without having to renew your green card.