QUESTION

Green card expiration

Asked on Jan 11th, 2013 on Immigration - New Jersey
More details to this question:
Green card expires in August. If I file for passport in mid March is that enough time?
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Your question is a toughie, but I would side with those who think that you would not need to file for a replacement of the green card. Under immigration rules, an individual with a green card expiring within six months prior to filing for naturalization should file for a replacement green card. In your case, the time from mid-March to August is five months, and so technically you should file for the replacement card. That being said, U.S.C.I.S. in Newark is scheduling naturalization applicants approximately 5 months from the date of filing. So there is a good possibility that you may have a valid green card on the date of interview. I also believe that most examiners would understand and not attempt to penalize you for not complying with the rule even if the card expires prior to the date of interview.
Answered on Jan 18th, 2013 at 5:10 PM

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U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
1 Award
Hello. You do not need an unexpired green card to file and obtain your US citizenship. You can process with the current card. Regardless, most disctricts are processing citizenship in 3 to 4 months.  If you have any questions, you can find some basic information at: http://www.ksvisalaw.com/Immigration-Law/Naturalization.aspx harun@ksvisalaw.com
Answered on Jan 11th, 2013 at 4:58 PM

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