Can I Apply For Citizenship With An Expired Green Card?

Can I Apply For Citizenship With An Expired Green Card? Key Takeaways

• Applying for citizenship with an expired Green Card is possible, even if you decide not to renew it
• Although having a valid Green Card at all times is required by law, its expiration does not affect your immigration status if you’re a lawful permanent resident
• However, an expired Green Card can be an obstacle in some situations, such as traveling, applying for a job, or changing your driver’s license
• The U.S. Citizenship and Immigration Services (USCIS) recommends applying for Green Card renewal six months before your Green Card expires
• If you are a conditional resident, you can apply for citizenship only after you apply to remove conditions on your residence and become a permanent resident

In fiscal year 2023, USCIS received around 827,600 applications for naturalization. It’s possible that some of those applicants had one thing in common: their Green Cards had expired before they applied.If you’re wondering whether you can still apply for citizenship with an expired Green Card, the answer is yes.

In this blog, we’ll cover:

• Whether you can apply for citizenship with an expired Green Card
• How the process works
• Special rules for conditional Green Card holders
• When you’ll need a valid Green Card beyond your naturalization application

Can I Apply for Citizenship With An Expired Green Card?

The short answer is yes, if you meet U.S. citizenship eligibility requirements.

A valid Green Card is not a requirement to prove your eligibility for naturalization under the immigration law.

Many people with expired permanent residence cards can successfully file their naturalization applications with the USCIS.

How To Apply for Citizenship If Your Green Card Is No Longer Valid

Here are the steps to follow when applying for citizenship in different situations.

If You Are A Permanent Resident & Have Not Applied For A Green Card Renewal

If you haven’t filed a renewal application for a Green Card yet, don’t panic: your citizenship application will not be denied automatically just because the card expired.

The law still recognizes your status; the main issue is paperwork and proof.

To apply for citizenship:

• Submit Form N-400, Application for Naturalization along with supporting documents.
• Include evidence to prove you are eligible for U.S. citizenship (if in doubt, use the USCIS naturalization eligibility tool).

If You Are A Permanent Resident & Want To Renew Your Green Card

To renew your Green Card:

• File Form I-90, Application to Replace Permanent Resident Card, to renew your Green Card. When USCIS receives it, they will send Form I-797C, Notice of Action, confirming your application receipt.
• File Form N-400 together with a copy of your Notice of Action as proof that the renewal procedure has been started. This way, you do not need to wait for your Green Card to be renewed to file for citizenship.

The process above is the same if you want to apply for citizenship but your Green Card was lost, stolen or mutilated beyond recognition. Learn the steps to replace a Green Card under these circumstances.

If You Are A Conditional Resident

If you are a conditional resident, you must first change your conditional status to permanent resident status in order to apply for citizenship.

To avoid losing your conditional status, file a petition to remove conditions on residence within 90 days before your Green Card expires.

• If you are married to a U.S. citizen or a permanent resident, file Form I-751, Petition to Remove Conditions of Residence.
• If you were granted residency based on investment by you or a family member, file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.

Once you remove the conditions on your Green Card and obtain a 10-year-valid document, you must have it for a certain period of time before you have the right to apply for citizenship.

This period is three years if your Green Card is based on marriage and five years if your Green Card is based on investment.

What Happens If My Green Card Expires?

If you’re a lawful permanent resident, the expiration of your Green Card will not change your immigration status.

However, when your Green Card expires, you will no longer be compliant with the Immigration and Nationality Act (INA) Section 264(e). It requires all permanent residents over 18 years of age to have proof of their permanent resident status at all times.

Non-compliance is considered a misdemeanor and can have consequences, including a fine of up to $100 and up to 30 days in prison.

If your Green Card has expired or is about to expire, it’s best to file for a new one. Without a valid Green Card, it can be challenging to travel abroad, apply for a loan or apply for a job.

What Happens If My Conditional Green Card Expires?

Whether you obtained conditional residence through marriage to a U.S. citizen or permanent resident or based on investment, the validity of your initial Green Card is two years.

Once your conditional Green Card expires, your conditional status ends and you can be removed from the U.S.

When Do You Need A Valid Green Card?

Although you do not need to renew your Green Card to apply for citizenship, there are several scenarios when you must have a valid Green Card.

Traveling Abroad

To re-enter the U.S. after a trip abroad, you must show a valid Green Card. Although you remain a permanent resident even after your Green Card expires, the Customs and Border Protection (CBP) officer may decide you do not meet the entry requirements.

If you fail to show valid proof of your status, you risk considerable delay, a possible re-entry fee and even entry denial.

Applying For A Job

U.S. employers are mandated by the government to employ only people who have the right to work in the country, i.e., have a valid Green Card.

Failure to prove your status is likely to result in job denial, as the employer may decide they do not want to wait until you have your Green Card renewed.

Renewing Your Driver’s License

To renew your driver’s license, the Department of Motor Vehicles in most states requires proof of your permanent resident status, or in other words, a valid Green Card.

If your Green Card is no longer valid, you will not be able to renew your driver’s license. In addition, you may lose your driving privileges.

Taking Out A Home Loan

Your mortgage lender may insist on a valid Green Card in order to approve a home loan. Waiting to renew it, which typically takes between 8 and 10 months, may lead to an inability to refinance or buy a property.

How Can Spar & Bernstein Help Me With My Citizenship Application?

Whether you want to pursue U.S. citizenship and naturalization as a permanent resident or a conditional resident, our experienced attorneys at Spar & Bernstein are here to help with every step of the process.

With over 60 years of immigration law experience and 60+ lawyers and professional legal staff, we handle various cases from employment and family immigration to investor visas and waivers.

If you’re applying for citizenship, we’ll help cover:

• A detailed review of your case
• Research into your eligibility
• Document preparation, completion, and submission
• Work to eliminate any obstacles standing in the way of your citizenship application
• Preparation for a citizenship test or interview (including mock sessions for practicing common citizenship test questions)
• Communication with USCIS on your behalf
• Rescheduling USCIS appointments, if needed
• If you are a conditional resident, helping you remove conditions on residence and following up on your Green Card application

Our experienced and compassionate immigration team is here to support on the way towards U.S. citizenship.

Green Card about to expire? Already expired? Still valid, but you’re ready for citizenship? Give our team at Spar & Bernstein a call, and we’ll walk you through your best options.

Can I Apply For Citizenship With An Expired Green Card? FAQs

My Green Card expired. Will applying for citizenship renew it automatically?

No. Filing Form N-400 for naturalization does not renew your Green Card. If you need a valid card for travel, work, or identification before your citizenship is approved, you must file Form I-90 separately to renew it.

Can USCIS deny my citizenship application if I have an expired Green Card?

In most cases no, as long as you are eligible for naturalization. However, if on top of an expired Green Card, there are other issues, such as extended time outside the U.S. or criminal matters, USCIS may scrutinize your case more closely, which could delay or complicate approval.

Can I apply for citizenship if I changed my name after my Green Card expired?

Yes, but you’ll need to provide official documentation supporting the name change. These can be a marriage certificate, divorce decree, or court order proving your legal name change to match your citizenship application.