Question:
We just discovered that my wife's green card expires in 3 months. We
are currently out-of-country (with proper re-entry permits) and may need to
stay past the expiration. Can some kind soul guide us as to what needs to be
done? Is it possible to download a green card renewal form from some place
and apply? What if we don't get a new card before the expiration?
Also note that she has applied for citizenship, but that's still pending for
3 yrs. A friend of mine suggested that in such a case perhaps green card
renewal is not needed. Just a proof of pending citizenship application would
suffice at reentry time. Could someone please confirm that? If so, what kind
of proof needs to be shown to INS at entry time? That would save us all the
trouble.
Answer:
I don't believe proof of
pending citizenship application will
be acceptable at port of entry.
If I understand currently, expired greencard
doesn't mean loss of permanent residency. If the reentry permit day
exceeds the green card expiry date,
most likely there will be some delays
at the port of entry, however, there
shouldn't be any other problems. Also,
provide some documents like you
have been maintaining residence,
bank accounts, propert etc. in USA so
everyone understands that you haven't
abandoned your US residence.
Regarding , Green card renewal, I understand these days one needs to go to
Application support center along with
the application for renewal where
a temporaray extension is provided on the
green card for a few months. In some
cities such as New York, an appointment
is required. There is a 1-800 number one
needs to call for this. I don't know whether
all these things can be done from
overseas.
I am providing a few sites where
attornes provide phone, fax consultation.
http://www.murthy.com
http://www.shusterman.com
http://www.immigration.com
I also read a news on the web that
attorney Murthy is going to Chennai consulate sometime soon.( look
at http://www.murthy.com).
Also, some New York based attorneys
have overseas office in Mumbai. I see
it in India Abroad. In fact, I can provide you
one office and phone.
Mr. Michael Phulwani
7-A Chinoy Mansion, Gr. Fl
B. Desai Road Mumbai 400036
Ph: 368-4380 and 364-2459
New-York Phone: 718-899-1293
Best thing would be to come back to USA,
and apply personally for green card renewal. One can apply for renewal
six months before the expiry date.
Consult with the attorneys and hope
everything works out well for you.
Other folks of this newsgroup may be able
to provide valuable suggestions also.
I
found the following document:
http://www.ins.usdoj.gov/graphics/publicaffairs/questsans/CardQ&A.htm
at the INS website.
Take a look at the second-to-last question. It says the following:
**************
Q. What should I do if I've already applied for naturalization and my
card is expiring?
Do I still need to renew my Green Card and pay the $110 renewal
application fee?
A. If you have applied for naturalization more than six months
prior to your card's expiration you
do not need to apply to renew your Green Card. If you are in the
process of obtaining new
employment you may use other documents listed on the Form I-9
(Employment Eligibility
Verification Form) for employment verification purposes. However,
if you need a new Green
Card for employment or benefits verification purposes, you should
apply and pay the $110 filing
fee to renew your expiring Green Card.
************
I take this to mean that we need not worry about applying for a renewal,
since N-400 (naturalization)
application has been made long before expiration of green card. However,
what is not very clear is
what kind of proof, if any, needs to be carried so that INS does not
delay entry at the port-of-entry.
The I-797 receipt that is sent
from the service center will be the best proof.
A copy of the filed application form
may be acceptable. I am not sure
Cab't think of any other document.
Glad you saw the section on
pending N400 application on INS website.
Keep a printout of that section with you.
In order not to have delays at the port of entry, why don't you go to
the American Consulate overseas and get an "Advance Parole" form, o
download it from the INS? Send it with the U$95...I am pretty sure
that I read about it when filling for my AP, here in the U.S.
