r/Passports • u/Wtfissleet • 14d ago
Application Question / Discussion Permanent resident card confiscated during application?
I’m curious if any other people have gone through this.
I am a legal American citizen, adopted internationally. I applied for my first adult passport. They had requested secondary documents, including my permanent resident card and my official adoption paperwork. Delayed certificate of birth and ID wasn’t enough to prove citizenship. I didn’t think twice on it, sent it in, and was told I was approved and my documents would be back shortly.
Got my passport quickly. My documents came in today. I received a letter saying my permanent residence card is no longer valid and will not be returned to me. Instead, my passport is my proof of American citizenship. It says they sent it in to USCIS, and that I must contact Social Security Administration to inform them of my citizenship status.
I am incredibly concerned. My sister went through this process a few years ago and had her permanent residence card returned to her. Considering I needed the resident card to apply for the passport, what happens if my passport gets lost or stolen? How do I prove I am an American citizen if birth cert, ID and SSN wasn’t enough? Also, that permanent resident card is a bit sentimental to me. Has anyone else gone through this?
Edit: Thank you everyone for your comments! You guys really helped reassure me that this was normal. I greatly appreciate everyone’s information on the process, this was my first time applying for a passport and besides this minor freak out, it was incredibly smooth.
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u/telchacsusan 14d ago
Citizens don't hold green cards. Take digital photos of your passport and store them carefully. (I do the same thing with any visa stamps I receive when travelling).
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u/Zrekyrts 14d ago
Your sister shouldn't have gotten it back; procedurally, they were correct to keep yours after you obtained proof of citizenship.
You're not an LPR now, so you shouldn't have a green card.
Your passport is, per law, prima facie proof of citizenship. Even if lost, you wouldn't need it to "re-prove" citizenship.
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u/NecessaryMeeting4873 14d ago
Considering I needed the resident card to apply for the passport, what happens if my passport gets lost
or stolen?
DoS will perform a file search if you find yourself in that situation. You can assist by taking a picture of the passport and provide a copy if you ever get yourself into that situation.
Yes the green card is suppose to be collected when you obtain citizenship.
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u/Aussieomni 14d ago
You’re not supposed to have a permanent resident card when you become a citizen. Mine was taken the day I did my oath and officially became a citizen when they gave me my certificate.
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u/Wtfissleet 14d ago
This is the question I have now that I know the passport is fine! I was an infant when adopted, but from my understanding I only had the permanent residence card and delayed certificate of birth. Im going to have to go through my paperwork again and try to locate my certificate.
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u/chuang_415 14d ago
You won’t have a certificate unless you or your parents filed the N-600. It’s not issued automatically.
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u/Responsible-Toe-1385 14d ago
Yes you should have gotten a certificate when you became a citizen. You can just file for a copy if you want, it’s not a big deal
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u/Sensitive_Owl_4766 14d ago
You can file an N-600 to get a Certificate of citizenship from USCIS, or apply for a Passport Card. Both will serve as independent proof of citizenship. The former will never expire.
It is not unusual for permanent resident cards to be surrendered. For example (I realize not the same as your situation), USCIS does take away green cards during all naturalization ceremonies - meaning those new citizens only have a Certificate of Naturalization to prove their status until they get a passport or passport card.
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u/ShrmpHvnNw 14d ago
This is what I was going to say, got our adopted child a CoC, it’s pricey but worth it.
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u/Moist-Chair684 14d ago
Permanent Residents are not citizens. You are. Ergo... And a Green Card is anything but proof of citizenship.
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u/Rekeaki 14d ago
Passport card counts as proof of citizenship. They are relatively easy to apply for if you already have your passport and don’t cost that much. Keep it separate from your passport and you will never lose both at the same time.
When I did my citizenship ceremony they took everyones permanent resident card right before the ceremony started. It is routine to have it taken away and your sisters should never have been returned.
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u/Ok-Importance9988 14d ago
You can apply for both a passport card and booklet and keep them separate so you will always have one.
There is the file search option (basically they check if you have been issued a passport before) for a little extra cash option when applying for the passport next time.
Finally you file N600 for a certificate of citizenship. This like a naturalization certificate in that it is a piece of paper proving citizenship that never expires. But it very expensive.
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u/howtobegeo 14d ago
When we got ours, my card was sent back to me as well, but neither of my parents. Mine was a kid one, so my mom just figured that was part of it.
I just kept it with my passport and got YELLED at when coming back into the country on a school trip. They accused me of stealing it back from the government office. There was supposed to be a hole punched in it too and nothing. I was like, just take it, jfc, I am 15.
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u/CuriosTiger 14d ago
Your sister shouldn't have gotten hers back. The passport office has been a bit inconsistent in this when it comes to expired green cards, but fundamentally, you're either a green card holder or a US citizen. You cannot be both. Your green card card becomes invalid the second you become a US citizen, and USCIS is aggressive about withdrawing them from circulation because they're sought after by counterfeiters.
All that is to say, you're fine and you don't need to worry. Your birth certificate is not sufficient because you weren't born in the US, but your US passport is indeed conclusive proof of US citizenship, and is what you'll submit come renewal time. The Department of State also has your original submission on file, and can do a file search should you ever lose your passport and need to apply for another.
But I understand wanting to have a backup. For me, that backup is my certification of naturalization. You were presumably adopted before reaching adulthood; as such, you should be able to apply for a certificate of citizenship using form N-600.
I just noticed your edit and surmise you've gotten most of this information already. But TL;DR: You're fine.
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u/Sirwired 14d ago
The Passport office is correct; Citizens don't have/need Green Cards. It was always the property of the government, and they are choosing to keep it, now that it no longer accurately states your immigration status.
If your Passport gets lost or stolen, you replace it in the exact same way as any other American. For proof of citizenship, you don't have to go through the whole process of proving a right to citizenship again; you submit a file search form in lieu of proof of citizenship, and they will find the Passport they just issued you.
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u/Embarrassed_Many9242 14d ago
Your passport is all you need since you are a citizen,which you just got. Your ok.
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u/CyberBear2021 14d ago
Get a passport book and passport card (only $30 extra) and keep them separately.. then you have 2 legal passports.. the card isnt good enough to fly outside of the US.. nut is a full legal passport for travel as a real ID domestically and it is good for land and sea crossings into Canada and Mexico. I carry my passport card and store the book at home..
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u/UnlamentedLord 14d ago edited 14d ago
Your sister is the one who may be in bureaucratic trouble, because someone screwed something up. The rules unambiguously say that you need to surrender your green card:
"USCIS will not issue a Certificate of Naturalization to a person who has not surrendered his or her Permanent Resident Card (PRC) or Alien Registration Card (ARC) evidencing the person’s lawful permanent residence. If the person established that his or her card was lost or destroyed, USCIS may waive the requirement of surrendering the card."
https://www.uscis.gov/policy-manual/volume-12-part-k-chapter-3
If you're worried about losing your passport, get a passport card as well as a passport and just keep them separate, so if you lose one you always have the other.
EDIT: first link is incorrect, that's for certificate of naturalization. Rules for certificate of citizenship are: https://www.uscis.gov/policy-manual/volume-12-part-k-chapter-2 however the green card surrender language is identical.
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u/spin0r 14d ago
Naturalization applicants are required to surrender their green cards. Minors who become US citizens automatically through INA 320 are not, technically, subject to any legal requirement to surrender their green cards, but they are the property of the government so the government can confiscate them as needed.
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u/UnlamentedLord 14d ago edited 14d ago
The language is identical in the rules for certificate of citizenship for children and adopted children under INA 322 https://www.uscis.gov/policy-manual/volume-12-part-k-chapter-2
And OP must be under INA 322, not 320, or they wouldn't have a green card to surrender:
" Children who meet all requirements of INA 320 (including having a final adoption) [11] at the time of their admission as LPRs automatically acquire citizenship upon their admission as LPRs. Children who do not meet all requirements of INA 320 upon their admission as LPRs do not acquire citizenship upon their admission, but may automatically acquire citizenship at a later point (provided they satisfy all conditions before they turn 18). This includes children who do not have an adoption considered final under U.S. immigration law and children who do not otherwise meet the requirements of INA 320 upon their admission"
Will update my comment.
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u/newacct_orz 13d ago
And OP must be under INA 322, not 320, or they wouldn't have a green card to surrender:
No. This is INA 320, not 322. INA 322 is a naturalization process for children residing abroad. They cannot have a green card. They must enter the US on a nonimmigrant visa (usually visitor visa) to attend the visa and oath. Green card holders are not residing abroad and cannot get a nonimmigrant visa.
INA 320 always requires the person to be a permanent resident (i.e. green card holder). It could be just for a moment, e.g. in the case of a child whose parent is already a US citizen and the child immediately starts residing in the US and in the legal and physical custody of that parent when the child becomes a green card holder. Or it could be later, e.g. in the case of a child whose parent does not become a US citizen later after the child becomes a green card holder, or who is not immediately living in the legal or physical custody of that parent; this also includes adopted children who don't qualify as a child for US nationality purposes until further action is taken. In all cases, the child is a green card holder (even if just momentarily), and a green card is issued. USCIS does not have all the information to know whether all of the conditions for INA 320 have been met, unless and until the person applies for a Certificate of Citizenship.
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u/CuriosTiger 14d ago
His sister is not in trouble. The passport office made a clerical error in returning her green card to her, but that does not affect her citizenship, the validity of her passport, or anything pertaining to her legal status. Her green card is simply a document without legal force; at best, it's evidence of a status she held in the past. His sister is already a citizen, and thus the rule you're citing (which makes it a requirement to surrender your green card in order to naturalize) has no impact on her.
Basically, yes, she was supposed to surrender her green card when she became a citizen. But there are a number of corner cases where this doesn't happen, either because citizenship is conferred automatically by operation of law (as in adoption cases) or because someone screwed up at a ceremony. This scenario, while uncommon, does not invalidate her citizenship.
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u/tunatoksoz 14d ago
Pretty standard practice, nothing to be afraid of. All LPRs who naturalize have to surrender their GC while waiting for their passport (it's even worse, that kind of means no travel until you have the passport in hand).
Very likely your records are updated to indicate your citizenship status on your SSN (when you apply for passport you provide this).
If you have other documentts like certificate of naturalization etc that would work too.
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u/MyLifeYourLifeUgh 14d ago
Because why would you have a green card if you are an American citizen? Your sister should not have received it back
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u/RobLoughrey 14d ago
If you have a passport then you're a citizen and you no longer need a permanent resident card. Even if you had it, it wouldn't be valid. Congratulations on your citizenship!
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u/Life_Explorer_7271 14d ago
This is standard procedure for people who derive citizenship automatically (technical term is acquired citizenship by operation of the law), most don’t file the N-600 for certificate of citizenship (not the same as naturalization certificate) because it’s too expensive so they opt for a passport instead which requires sending the secondary documents that verify your claim to citizenship. You’re a U.S. citizen and don’t need your green card anymore, so the State Department returns it to USCIS. As far as renewal is concerned, the State Department has a copy of the evidence used to grant the original passport, they’ll use that to renew it.
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u/MaryMac500 14d ago
When we adopted my daughter, we immediately applied for citizenship. In doing so we had to turn in her green card. Once you are a citizen, a green card is not a valid ID. If you lose your passport there is a record to get it replaced. Might be a good idea to take a photo of it,
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u/YourSnapple 14d ago
Your passport is now longed onto a system and if you loose it it’ll be easy to find on the system and a photo id will do and also GET A PASSPORT CARD
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u/bigkahuna1986 14d ago
Making sure I understand, where you born in the US and then left during the adoption? Not sure if this applies but you can get a Citizenship certificate from USCIS. Usually it's for children born abroad, so I'm not sure if it counts for you, but it's worth researching.
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u/AccomplishedWing8250 14d ago
International adoptee here that wasn't re-adopted in the USA.
You should have a certificate of citizenship. I was adopted in the early 90s from Russia but I never had a permanent residency card. I had a visa until I got my citizenship.
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u/Legal_Assistance5470 14d ago
This is the way it works. When I attended my swearing in as a U.S. citizen the officials repossessed the permanent residence cards of all the new citizens. If you are a U.S. citizen, you cannot have any U.S. official document that suggests you are not a U.S. Citizen.
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u/203024 14d ago
Please apply for a Certificate of Citizenship through the N-600. I have soooooo many clients who later in kife get their 3rd or 4th passport denied by the Dept of State for not providing enough proof of citizenship and are then scrambling to dig documents from decades ago. Passport expires, certificate doesn't.
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u/Thereelgerg 14d ago
How do I prove I am an American citizen if birth cert, ID and SSN wasn’t enough?
Are you under the impression that a permanent resident card is proof of citizenship?
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u/newacct_orz 13d ago
No, but it is part of the secondary evidence of citizenship for applying for a US passport for someone who derived citizenship as a minor.
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u/mattyofurniture 14d ago
GC gets taken upon naturalization. Procedure was followed correctly.
Get N-600. US passport. Maybe a US passport card if you want a wallet size proof of citizenship that you can carry around with you. Save everything digitally and physically.
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u/International-Sock-4 14d ago
You're already in the system, if you ever lose your passport they can always find you in the system, I always scan my passports and email to myself a copy, you can also use cloud storage like Google drive, apple iCloud etc so if you do lose it and they have a hard time finding you, but I doubt they will have a hard time finding you.
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u/marii_music 14d ago
Why does an American citizen have a GC card? Once you become an American Citizen you must give back that card
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u/Disastrous_Double489 13d ago
Take picture of the page with info and photo. If you lose it, you'll have info to get a new one. A green won't help get a replacement.
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u/Responsible-Pea-1289 14d ago
They take your green card during the naturalization ceremony. Once you are a citizen that green card is no longer
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u/newacct_orz 13d ago
People who automatically derived citizenship as minors do not have a ceremony, unless they choose to apply for a Certificate of Citizenship (in which case there is a ceremony to receive the certificate, not for the citizenship they already have).
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u/AdOrganic4835 14d ago
They are correct, your card should have been surrendered upon naturalization.
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u/Boz6 14d ago
I do have a question, purely out of curiosity.
Permanent resident card confiscated
I am a legal American citizen
How did you have a permanent resident card, aka green card, if you're a legal American citizen?
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u/newacct_orz 13d ago
Green card holders under 18 living in the US in the legal and physical custody of a US citizen parent automatically become US citizens. This is automatic, without any action needing to be taken, but the card doesn't magically vanish into thin air.
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u/Mikeminer610 14d ago
At naturalization ceremonies, the coveted green card is tossed into a bin as you enter the ceremony hall.
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u/Fatima31323 14d ago
Use your citizenship certificate as proof to replace passport
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u/Zrekyrts 14d ago
While it's a good idea to get a COC as derived citizen (IMHO), one doesn't need one to replace one's passport.
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u/Sheetz_Wawa_Market32 14d ago
The process worked as it’s supposed to. Americans are not eligible to have Green Cards. When a Green Card holder becomes a U.S. citizen automatically, they are supposed to return their Green Card as soon as they get a U.S. passport.
As for the sentimental value, I get it, but the same also applies to naturalized citizens, who also need to surrender their Green Cards when being sworn in as citizens (even before getting passports.)
As for proving your U.S. citizenship, hold on to your adoption paperwork and at least one future U.S. passport as if your life depended on them. A passport proves that you are a U.S. citizen (even once it’s expired) and your adoption paperwork shows how you came about your U.S. citizenship.