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What are the specifics of getting citizenship?

I have a few questions about the green card and citizenship. Is the attorney sending the I-526 to USCIS electronically or using regular post? After removing the conditions on the green card, why is the green card only valid for 10 years? What will happen if someone has a green card, but is not interested in becoming a U.S. citizen? And what will happen if the person applies for citizenship and the application is denied?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    Your attorney will mail a hard copy of your I-526 petition to USCIS. E-filing is not yet available. The physical green card expires in 10 years, but your green card status does not. A permanent green card holder is not required to apply for U.S citizenship. If U.S. citizenship is denied, a permanent resident may keep the current status provided that he/she still eligible for permanent residence status.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Your attorney can file I-526 either electronically or by mail. By rule of law, a permanent green card is valid for 10 years, and it is renewable every 10 years thereafter. A green card holder does not need to eventually become a citizen if he does not want to, regardless of the reason. However, in the event that a naturalization application is denied, an applicant will still remain a permanent resident, and can simply renew the green card every 10 years if he or she does not violate any other laws that can result in the loss of residency in the United States. Work with an EB-5 attorney on all these issues.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    I-526 petitions currently are submitted through paper filing, not electronically. USCIS is planning on implementing electronic filing for more categories, but that has not been finalized. The green card is valid for 10 years, but your permanent green card status does not expire; only the card expires. This is because USCIS continually improves and updates the technology with respect to the cards. Also, they want more fees! There is no requirement that a green card holder ever apply for citizenship. Finally, if a person is denied U.S. citizenship, he or she may keep their green card, assuming he or she is still eligible for green card status.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    The card is 10 years, just like a passport. It is a simple renewal process. The I-526 is not an e-file.

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    Kyle Barella

    Immigration Attorney
    Answered on

    An attorney will file a hard copy of the I-526 petition with USCIS. Although an unconditional green card is valid for 10 years, it may be renewed indefinitely. It only expires because it''s necessary to update the photo and other important information with the government. A green card holder who is not interested in obtaining U.S. citizenship is not required to apply for it. However, unless there is a specific reason for not wanting to obtain citizenship, it''s a good idea, and go ahead and apply if you qualify.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The filing of the I-526 can be done either electronically, which may involve faster processing, or by mail. The unconditional green card is issued for 10 years. The resident will then have to file an application for a new updated green card for another 10 years. The USCIS in the renewal process will determine if there are any grounds of inadmissibility or removability for crimes committed by the investor/resident. A resident does not have to apply for citizenship. If the resident applies for citizenship and is denied, the resident will still be able to retain the residency, unless the denial is a ground for removal of the green card status.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    In order of questioning: USCIS is working on electronic submission, but currently I-526 petitions with the supporting documentation are sent by post or FedEx. Second, USCIS policies provide for a 10-year renewal period for green cards. We comply with the regulations as they currently are. Third, there is no requirement to become a U.S. Citizen, but you will be unable to take full advantage of citizenship (like voting) while still being required to maintain presence, pay taxes, etc. Finally, if an application for citizenship is denied, it can be appealed or refiled.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The I-526 immigrant investor petition is filed by regular post (courier). Your lawful permanent resident status is as the name implies is PERMANENT; however, the card itself has an expiration date so that every 10 years the USCIS can update its security and technology in preventing forgeries. You are not required to become a U.S. citizen. You may maintain your lawful permanent resident status as long as you wish. Depending on the reason for the denial of your citizenship, in most cases if your citizenship is denied, you remain a legal permanent resident.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Generally, one files paper applications, not online, unless there is an online option. The reason the card is for 10 years is that people get older and look different, so DHS wants them to get new cards. There is no requirement to become a U.S. citizen.

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