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Permanent residence, naturalization citizenship and employment question. Without knowing, my green card expired a few months

Bedford Hills, NY |

Ago..However, since I have been a permanent residence for over 10 years and I want to be currently employed. Should I apply to renew my expired permanent residence card OR just directly apply to for citizenship. (Form N400)? INSTEAD of renewing my permanent residence card..? Is one process faster than the other? What is the average processing time of each? Meanwhile, what can I do or ask for certain papers to be employed , have a job? (Considering my permanent residence card is expired) What options are there so I avoid any issues with possible employment, (While I apply to renew my green card or apply for citizenship)?
Thanks,
Kind regards

Attorney Answers 3

Posted

The rule is you must have 6 months or longer left on your permanent resident card to apply for citizenship without renewing your PR card. I would definitely file I-90 to replace the PR card; when you go for fingerprinting do an INFOPASS to also get a passport stamp as evidence of your PR status for work. I would recommend you also file for citizenship (N-400) unless there is a reason you would not be eligible..

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Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law

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Posted

Maybe, just for the sake of an argument, there is a third way - consult with an experienced immigration attorney so you would not feel insecure about what to do and would not need to post requests for free legal advice on a forum where it is only appropriate to ask for general information.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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1 comment

Alexander Joseph Segal

Alexander Joseph Segal

Posted

I would not post anymore than I did, if not for my learned colleague who provided you with information, which, in y humble opinion, is as far from reality as my ever considering becoming a citizen of Saudi Arabia. I respectfully disagree, there is no rule that you have to have at least 6 months on your LPR card before you can apply for citizenship. As a matter of fact, if you ask her to cite the law to back up this point she will not be able to as there is no such law. You can go right a head and seek naturalization. In fact, this is precisely what you should be doing. However, if you do decide to file I-90, then you would need to wait until it is approved before you would be able to file for naturalization. It is not the rule but practical consideration having to do with the USCIS file, which would be shipped for I-90 processing and thus not available for naturalization.

Posted

It would be in your best interest to talk to an immigration attorney in person.

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