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Thread: Expired green card & US citizenship questions

  1. #1
    I have been a U.S. permanent resident for over 10 years and finally decided to apply for U.S. citizenship, only to find that (1) I lost my green card and can't find it anywhere and (2) it expired 11/2006 (which I know because I do have a copy of this card).

    #1, What is my current immigration status?

    #2, What are my options right now? Can I apply for U.S. citizenship and perhaps fill out an extra form or two and/or pay extra fees or do I have to go through the process of renewing my permanent residency before I can move on to the citizenship?

    Any feedback and advise on which way to go at this point would be helpful.

    Thanks in advance.

  2. #2
    One last thing...

    The I-90 form instructions say in the "Who May File This Application" section:

    "If you are a permanent resident, you must also file this application to replace a card that is expiring."

    It's not expiring; it's expired. Is it the same in this case? Apparently so, because later on, these instructions say:

    "If your card has already expired or will expire in the next six months, you will be required to submit your card when you appear in person at your local ASC."

    But I can't submit it. I lost it!

    Apparently, this application is used to either replace a lost card or an expired one, but they didn't think of someone who's in both cases.

  3. #3
    Schedule an InfoPass appointment. They should be able to assist you. Or you could try here to ask your question. You may have more luck with an answer.

  4. #4
    I made an appointment using InfoPass for March 7th. I don't want to make any mistakes. Thank you.

  5. #5
    Green Card Renewal: Individuals with expired Green Cards may be considered "out of status" and may be denied entry into the United States. It is vital to keep your proof of permanent residence current and valid. If your Green Card was issued over 10 years ago, there is an expiration date printed on the front of the card.

    Use form I90

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb9...CM10000045f3d6a1RCRD
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  6. #6
    Yes, I called USCIS Customer Service and they told me to use form I-90. I was completing this form online until I got to the part that says:

    "<span class="ev_code_BLUE">If you entered the U.S. with an Immigrant Visa, also complete the following:

    Destination in U.S. at time of Admission:

    Port of Entry where Admitted to U.S.:

    Are you in removal/deportation or recission proceedings?

    Since you were granted permanent residence, have you ever filed Form I-407, Abandonment by Alien of Status as Lawful Permanent Resident, or otherwise been judged to have abandoned your status?

    If you answer yes to any of the above questions, explain in detail on a separate piece of paper.
    </span>"

    You see, I don't know whether I entered the country with an Immigrant Visa. I am Cuban and flew into Miami International Airport from Guatemala with no passport or any type of identification (once I got here).

    I take it that's a no, I did not enter the U.S. with an Immigrant Visa, but, since I'm not 100% sure, I made an appointment with InfoPass as mentioned above.

    What do you think?

    Thank you.

  7. #7
    Originally posted by Razor1973:
    Yes, I called USCIS Customer Service and they told me to use form I-90. I was completing this form online until I got to the part that says:

    "<span class="ev_code_BLUE">If you entered the U.S. with an Immigrant Visa, also complete the following:

    Destination in U.S. at time of Admission:

    Port of Entry where Admitted to U.S.:

    Are you in removal/deportation or recission proceedings?

    Since you were granted permanent residence, have you ever filed Form I-407, Abandonment by Alien of Status as Lawful Permanent Resident, or otherwise been judged to have abandoned your status?

    If you answer yes to any of the above questions, explain in detail on a separate piece of paper.
    </span>"

    You see, I don't know whether I entered the country with an Immigrant Visa. I am Cuban and flew into Miami International Airport from Guatemala with no passport or any type of identification (once I got here).

    I take it that's a no, I did not enter the U.S. with an Immigrant Visa, but, since I'm not 100% sure, I made an appointment with InfoPass as mentioned above.

    What do you think?

    Thank you.

    Sounds like you are a refugee or simply came in on a toursit visa and then applied for refugee status? Did you not save your application to adjust?

    Anyway, if that is the case, no you did not enter on an immigrant visa, so you don't need to answer that section, as it appears you didn't enter on a visa of any sort. However, if you did, you should know the date and place you entered, or the POE, right?.

    As far as the other two questions are concerned, unless you have ommitted something in your post, it doesn't appear you are in rescission or removal proceedings and you haven't formally abandoned your permanent residency by filing form I-407, nor has any agent determined that you';ve abandoned residency. So, those would be answered "no", as far as I can see, but I'm inclined to think this section doesn't apply, if you weren't an immigrant at the time.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  8. #8
    Because of the Cuban Adjustment Act, as soon as I arrived here, I received an alien number, an I-94 and was allowed to work (work permit). I was also eligible for permanent residency one year later, which I applied for and received.

    It has since then been 11 years, during which I never took the time to apply for citizenship until now. During that time, my green card expired.

    The point, however, is that when I arrived at the airport, I had absolutely no papers on me. I simply told them I was Cuban and the processing began.

    This is why I assume this section of the I-90 does not apply to me and should be left blank. However, I do not know whether to apply online or wait until my appointment a couple of weeks from now to make sure my assumption is correct.

    Thanks again for your feedback.

  9. #9
    Originally posted by Razor1973:
    Because of the Cuban Adjustment Act, as soon as I arrived here, I received an alien number, an I-94 and was allowed to work (work permit). I was also eligible for permanent residency one year later, which I applied for and received.

    It has since then been 11 years, during which I never took the time to apply for citizenship until now. During that time, my green card expired.

    The point, however, is that when I arrived at the airport, I had absolutely no papers on me. I simply told them I was Cuban and the processing began.

    This is why I assume this section of the I-90 does not apply to me and should be left blank. However, I do not know whether to apply online or wait until my appointment a couple of weeks from now to make sure my assumption is correct.

    Thanks again for your feedback.
    Ah, yes, well that sheds more light....

    The Cuban Adjustment Act of 1996 (CAA) provides for a special procedure under which Cuban natives or citizens, and their accompanying spouses and children, may obtain a haven in the United States as lawful permanent residents. The CAA gives the Attorney General the discretion to grant permanent residence to Cuban natives or citizens seeking adjustment of status if they have been present in the United States for at least 1 year after admission or parole and are admissible as immigrants. Their applications for adjustment of status may be approved even if they do not meet the ordinary requirements for adjustment of status under section 245 of the Immigration and Nationality Act (Act). Since the caps on immigration do not apply to adjustments under the CAA, it is not necessary for the alien to be the beneficiary of a family-based or employment-based immigrant visa petition.
    as such, I'd be inclined to believe that you were paroled as an immigrant. It certainly wouldn't hurt to provide the information on the form to replace your greencard, and might save time in the long run.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  10. #10
    For some reason, I didn't get notified via e-mail of your reply to my thread until just now.

    Yes, I was paroled. And yes, I agree with you that, even though it looks like I don't need to provide this information (no immigrant Visa), it wouldn't hurt to disclose it.

    Thank you so much for your unbiased and knowledgeable advise, which seems to be a constant in all of the threads in which you participate.

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