Can I Apply for Citizenship if My Green Card Has Expired?

If you’re a green card holder interested in becoming a U.S. citizen, you may be wondering how an expired green card impacts your eligibility to naturalize. The good news is that, in most cases, an expired green card alone won’t prevent you from applying for citizenship.

In fact, as of December 12, 2022, USCIS has updated its policy to automatically extend green cards for eligible naturalization applicants, making the process even smoother. However, it’s still important to understand the rules and take steps to proactively renew your green card when possible.

Green Card Expiration vs. Lawful Permanent Resident Status

Your green card is the physical document that proves your lawful permanent resident (LPR) status. Think of it like a driver’s license – the license can expire, but you don’t automatically lose your driving privileges on the expiration date.

Similarly, your green card has an expiration date (usually 10 years after it was issued), but your LPR status does not expire. As long as you follow certain rules, like not abandoning your U.S. residence or committing crimes that make you deportable, you generally maintain LPR status indefinitely.

That means even if your green card is expired, you are likely still a lawful permanent resident and can apply for citizenship if you meet all eligibility requirements. An expired green card alone won’t automatically disqualify you from naturalizing.

Citizenship Eligibility Requirements

To apply for citizenship, you must:

• Be at least 18 years old
• Have been an LPR for at least 5 years (or 3 years if married to a U.S. citizen)
• Meet continuous residence and physical presence requirements
• Be a person of good moral character
• Pass English and civics tests (with certain exemptions)
• Take the Oath of Allegiance

None of these core requirements directly relate to having an unexpired green card. However, USCIS will look at the “totality of the circumstances” to determine if you’ve properly maintained LPR status over time.

An expired green card doesn’t automatically mean you’ve abandoned status, but it’s a factor they consider.

New USCIS Policy Automatically Extending Green Cards for Naturalization Applicants

Effective December 12, 2022, USCIS has updated its policy to automatically extend green cards for eligible naturalization applicants. This is a significant change that makes it easier to apply for citizenship with an expired green card.

Under the new policy, lawful permanent residents who properly file Form N-400 (Application for Naturalization) will receive a receipt notice that extends the validity of their green card for up to 24 months. This extension applies regardless of whether the applicant also filed Form I-90 (Application to Replace Permanent Resident Card).

The Form N-400 receipt notice with the extension can be presented with the expired green card as evidence of continued LPR status. It is also acceptable proof of identity and employment authorization on Form I-9.

This policy update recognizes that many naturalization applicants experience long processing times. It improves efficiency by reducing the number of appointments to get Alien Documentation, Identification & Telecommunications (ADIT) stamps and the number of Form I-90s filed just to maintain status while the N-400 is pending. The change allows USCIS to focus resources on adjudicating other benefits.

Importantly, the extension only applies to naturalization applications filed on or after the December 12, 2022, effective date. Those who filed before this date must still file Form I-90 or get an ADIT stamp if their green card expires. The extension also does not apply to those who lose their green card, as carrying proof of LPR status is required by law.

Risks of Applying for Citizenship with an Expired Green Card Before the Policy Change

Before the December 2022 policy change, while in most cases you could technically apply for citizenship with an expired green card, doing so came with some risks:

• USCIS may have questioned if you properly maintained LPR status, especially if your green card was expired for a long time. They would look at factors like how long you were outside the U.S. and if you kept ties like a U.S. residence, job, bank accounts, etc.
• You likely would have been asked to renew your green card before USCIS would issue a decision on your N-400. If you accrued other issues putting your LPR status at risk, those could have surfaced when you applied for renewal, complicating your case.
• Having an expired green card could make other aspects of life difficult in the meantime, like renewing a driver’s license, traveling abroad, or proving employment eligibility.

The new auto-extension policy helps mitigate these risks, but it’s still wise to renew your green card proactively when possible rather than waiting for it to expire. You don’t want an administrative oversight to jeopardize your eligibility.

How to Renew an Expired Green Card

You can renew your green card by filing Form I-90 with USCIS, either online or by mail. There is a filing fee. You’ll need to submit photos, proof of LPR status, and your expired/expiring green card.

Processing times vary, but it typically takes 1.5-12 months to get your new green card. If you’ve filed an I-90 but it’s still pending, USCIS can issue an Alien Documentation, Identification & Telecommunications (ADIT) stamp in your passport as temporary proof of status.

If you have a pending citizenship application, let USCIS know that you’ve also filed an I-90. You’ll still need to go to a biometrics appointment for the green card renewal while your N-400 is processing.

Get Legal Help Applying for Citizenship with an Expired Green Card

While the new USCIS policy extending green cards for naturalization applicants certainly helps, the process can still be complex, especially if your situation has other complicating factors. An experienced citizenship attorney can help you navigate the timing and procedures to apply for naturalization and renew your green card with minimal headaches.

At the Law Office of Lina Baroudi, our Bay Area immigration lawyers have helped countless permanent residents successfully transition to U.S. citizenship, including those with expired green cards. We understand how stressful the process can be and strive to make it as efficient and painless as possible.

Don’t let an expired green card stand in the way of your dream of becoming a U.S. citizen. Contact us today to explore your options and start your journey to naturalization with confidence. With the right planning and counsel, you’ll be taking the Oath of Allegiance in no time.