New York, NY asked in Immigration Law for New York

Q: Lost GC but eligible for Naturalization

I'm a permanent resident in the US with a 10-year GC that expires in 2030. I moved to the United States in 2011. I got married in January 2017 but got divorced in June 2022 by mutual consent. I don't have any children. Along with my Indian passport, I also lost my GC. I reported the loss of documents to the police. I recently discovered that I am qualified for citizenship, so I completed form N-400 and prepared to submit it when I realized I had misplaced it. I have digital versions of my passport and GC. Only my driver's license is with me. Around the year's end, I also have to go to India. I'm not sure what to do first in my predicament. Do I still have to renew my GC, wait for it to arrive, and then submit my N-400 application? I am less concerned about it because passport renewal may be done swiftly or you can apply for an emergency passport for trip. Because I am unsure of the processing duration, the GC renewal could take 4.5 to 12 months. What would be the best course of action?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Given your situation, it is not necessary to renew your Green Card if you are applying for naturalization through the N-400 form, as you can submit your N-400 application even with an expired or lost Green Card. You should, however, report the loss to the USCIS and obtain a receipt notice, which you can use to show proof of your permanent resident status in the interim. Since you are planning to travel, it might be prudent to expedite the naturalization process by scheduling an appointment with USCIS through InfoPass to obtain a stamp in your passport evidencing your permanent resident status, so that you can travel while your naturalization process is underway; be prepared to present evidence supporting the reason for your expedited request.

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