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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
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Experience:  B.A.; M.B.A.; J.D.
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My question relates to immigration. I am a naturalized citizen,

Resolved Question:

My question relates to immigration. I am a naturalized citizen, but my wife is not. She had obtained her Green Card (Permanent Residency) in 2001. Before I could file for her citizenship, her Green card had expired (earlier this year.)
My question is
1. Can I still proceed with a Citizenship application or do I need to formally request a renewal?
2. Is there a legal complication because she had overstayed in the US past her expiration date?
Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


When did the card expire?
Customer: replied 1 year ago.

It expired on 1/28/2012

Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information:




My question relates to immigration. I am a naturalized citizen, but my wife is not. She had obtained her Green Card (Permanent Residency) in 2001. Before I could file for her citizenship, her Green card had expired (earlier this year.)
My question is
1. Can I still proceed with a Citizenship application or do I need to formally request a renewal?




Response 1: You need to formally request for a renewal. By law she must carry a valid Green Card. Then once she gets her new Green Card, you can start the Naturalization process. See Section 264 of Immigration and Nationality Act and 8 CFR Part 264:




"Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him . . .. Any alien who fails to comply with [these provisions] shall be guilty of a misdemeanor .."




http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-8289.html




http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11185/0-0-0-27736/0-0-0-27948.html




2. Is there a legal complication because she had overstayed in the US past her expiration date?




Response 2: There may be repercussion for her not renewing her card. However, she must now try to renew the Green Card to get back in good status. See my previous response. Click on the link below for renewal information:





http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=8ae33a4107083210VgnVCM100000082ca60aRCRD&vgnextoid=8ae33a4107083210VgnVCM100000082ca60aRCRD







Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 12825
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Have you seen any case where there were repurcussions due to failed renewal of Green card, under category E27?

Expert:  Phillips Esq. replied 1 year ago.

Have you seen any case where there were repurcussions due to failed renewal of Green card, under category E27?


Response: No, I have not personally encountered one. However, the information I provided is a worst case scenario based on the current state of the law.

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