Q: Lost my expired green card, but have the number. Can I get citizenship without replacing it? Married 30 yrs to citizen.
My green card was expired many years ago. I don't have it anymore. However I do have the registration number that was on the card. I would like to go direct to citizenship if possible instead of just replacing the card. I have no reason to ever go to Canada again. I have been here legally for 60 years. Been married to an American for over 30 years. Looks like I qualify for the "spouse of" category. No criminal record, no other issues. I was born in Ottawa Canada in 1950. Moved her in 1956 or 57.
A: U.S. Citizenship & Immigration Services takes the position that permanent residents whose green cards will expire within six months of filing a naturalization application must also file Form I-90, Application to Replace/Renew Permanent Resident Card. USCIS’s position appears to originate from 8 CFR § 264.5(b)(2) which provides, “A permanent resident shall apply for a replacement Permanent Resident Card … when the existing card will be expiring within six months….” Additionally, Immigration & Nationality Act (INA) § 264(e) makes it a misdemeanor offense subject to a fine of $100 and/or imprisonment for not more than thirty days for failing to carry a certificate of alien registration or alien registration receipt card at all times. In all likelihood, particularly if your naturalization case is a "clean" case, you will become naturalized before the replacement green card is even issued. But, USCIS's position is that you should still apply for the replacement card.
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