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I am in the middle of applying for citizenship with my

biometrics appt scheduled for this...
I am in the middle of applying for citizenship with my biometrics appt scheduled for this week. My green card status expires on the 18th of January. I am also in the middle of applying for a mortgage loan, and am set to close on this house on the 13th of February. Am i able to still apply for the loan or do I need to wait to receive my citizenship? Will I come across any problems with not having my green card during the wait time to receive citizenship?
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1/4/2018
Expert James
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Category: Immigration Law
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Hello! My name is***** have over 12 years of legal experience. Please allow me some time to review your question.

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Customer reply replied 7 months ago
thank you, ***** ***** asking for my husband, who is a lebanese citizen. I myself am american. he arrived to the usa in April 2014 and has had his greencard for 3 years now. I am worried about how to proceed with getting this house in addition to him being without status during this time is he even allowed to continue with his job??

OK, thanks for the additional information. I am still preparing my answer. Your patience is appreciated.

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Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: First, the most important thing to remember is that an expired green card does not mean that his status has expired and that he is unlawfully present. It just means that the PROOF of his permanent resident status has expired. In other words, even if the green card itself expires, he continues to be a permanent resident of the United States.

It is still possible to continue the naturalization process with an expired green card because the law does not specifically require a valid green card to be eligible for naturalization. However, the USCIS encourages applicants who have expired green cards to renew. Why? The naturalization process often takes more than a year. It is best to have valid proof of his lawful status during that time, just in case he needs it (travel, financial transactions, mortgages, etc.)

As for the mortgage, that is not something that the immigration authorities have authority to dictate or decide. Each lender has its own guidelines. But most lenders do require a current, unexpired green card (or alternative proof of permanent resident status) before they will let you borrow money for a home. Other than the actual green card, the I-551 stamp is valid proof os permanent resident status. So he can file the I-90 to renew his green card, and once he gets the Receipt Notice, he can go to the nearest USCIS office and get the I-551 stamp that shows his lawful status as a permanent resident.

I hope that answers your questions.

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Customer reply replied 7 months ago
Thank you for the information. I am on his USCIS account online now, ready to file the i90, however, I am not sure whether he needs the i90, or i751. I only have a paper for him the i751 receipt notice that states 'your conditional resident status is extended for a period of one year'. This is the paper my old lawyer (who we do not use anymore) told us to file a year ago. I want to make sure everything is legal as I do not think he will get his citizenship til september 2018 (his USCIS account just updated with wait times).
Customer reply replied 7 months ago
the remaining part of my paragraph did not send. I want to make sure to file the correct paperwork, and I want to make sure that he is a permanent resident not a conditional one, as we need to apply for a homeloan in the next several months. so I guess my question is,, i90 or i751.

That is different. Legal issues are complicated, so it is important for you to be specific so that I can provide accurate information.

He remains a conditional resident until the I-751 application is approved. When does the one-year extension end?

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Customer reply replied 7 months ago
his one year extension ends January 18, 2018
Customer reply replied 7 months ago
We were told to file his paperwork for naturalization n400 90 days in advance of this expiration, and we would have no problems. we ended up filing perhaps 60 days in advance but we still would have needed to extend his greencard, which we did not realize.

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ANSWER: Again, he remains a conditional resident until the I-751 is approved. He can use this letter to go to the USCIS office and get the I-551 stamp I told you about.

As far as the mortgage, the I-551 stamp will not state which type of residence he has. Moreover, conditional residence vs permanent residence shouldn't matter. However, mortgage companies are free to decide who they will grant loans to; immigration authorities do not have the authority to force the mortgage company to approve a loan. Your best bet is the I-551 stamp.

I hope that clears things up. PLEASE do not forget to give me that credit now so you do not forget. You can still ask any follow-up questions even after you've done that.

Thank you!

Expert James
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Customer reply replied 7 months ago
You've been so helpful, thank you. This is the first time I have used a service like this, it was an emergency! OK so I will file the i751 for him AGAIN, not the i90, and this will extend his greencard again for a year?? we have to do i751 as he applied for greencard through marriage correct?
Then upon receiving go to USCIS and get an i551 stamp as proof of his residency. Please confirm and that should be all the questions I have for you!

No, you do not file the I-751 again and he does not file the I-90. He simply takes the Receipt Notice for the I-751 to the local USCIS office and gets the I-551 stamp. He should make an InfoPass appointment: http://infopass.uscis.gov.

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Customer reply replied 7 months ago
I'm so sorry I am terribly confused! The i751 we filed last year in Dec 2016 expires on January 18th 2018 (in 14 days). I have attached the ONLY paper I have that we received after we filed the f751.
To clarify, If I make an appt with infopass at USCIS, with this paper, although it is about to expire, they will give an i551 stamp which will give my husband Proof of Status until he receives his citizenship even if thats in 9 months. I do not need to file any additional forms until he becomes a citizen?
My last question is, if his Lebanese passport is expired (we have not left the country) will this be an issue to get a stamp or can they stamp it on a piece of paper or can they stamp in an expired passport? Thanks again

Read my responses again carefully. I said that until the I-751 is adjudicated, he is still considered a Conditional REsident. That is even if the current one year term expires. In order to get proof of his resident status, he can take that Receipt Notice that you've attached to an InfoPass appointment and get the I-551 stamp. There is nothing to file with the USCIS. He just needs to go get the stamp so that he has proof that he is a resident.

He needs a valid passport. He should contact the US embassy of Lebanon for that. US immigration authorities do not provide those.

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