New York Daily News

Can’t get citizenshi­p on lapsed green card

- ALLAN WERNICK

QMust I renew my expired green card before applying for U.S. citizenshi­p? I recently discovered that my green card had expired in November 2015. I have been a permanent resident since 1992. Also, immigratio­n misspelled the last name on my permanent resident card. The card says “Cereno,” instead of “Sereno.” Will that be a problem?

Renee Sereno, Atlanta You will need to get a new green card before you can naturalize. You get the card by filing U.S. Citizenshi­p and Immigratio­n Services form I-90, Applicatio­n to Replace Permanent Resident Card.

The official USCIS position is that unless you apply for naturaliza­tion within six months of your card expiring, you must apply for a new card. Some USCIS districts are more generous and allow permanent residents to naturalize no matter when their card expired. Atlanta immigratio­n attorney Sunil Patel reports that the Atlanta district follows the six-month rule. Readers in other cities should check with an immigratio­n law expert about the local rule.

The USCIS rule makes no sense. A person is a permanent resident whether or not his or her green card has expired. USCIS has all the relevant informatio­n about the naturaliza­tion applicant’s green card history in the applicant’s file. Why make the person pay the I-90 fee if the person doesn’t need a new card? To my mind, the rule discourage­s

Apeople from applying to become U.S. citizens. As for the error in the spelling of your name, that shouldn’t be a problem. The examining USCIS naturaliza­tion officer will have your immigratio­n file with the correct informatio­n. To be safe, if you have your birth certificat­e or home country passport, bring either or both to the interview. Can a non-U.S. citizen, living abroad, buy property in the United States? I have a brother who lives a broad who wants to buy property here.

Pam Lindsey, by email No problem. Foreign nationals can and do purchase property in the United States. Often, financing is more difficult with lenders requiring more of a down payment from a foreign buyer. But if your brother has sufficient funds, he can purchase property here.

QA

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