What are the consequences of letting your green card expire, and what should you do if it does?

This blog post provides general information on green cards, what they are, what happens when they expire, and the renewal process. If you have questions about your green card or its renewal, please get in touch with us at info@rsbilaw.com.

What Exactly is a Green Card?

A Permanent Resident Card (Form I-551), also known as a "green card," is proof of lawful permanent resident status in the United States. This status permits you to live and work in the U.S. indefinitely, with the option to become a U.S. citizen eventually.

Does a Green Card Expire?

Most green cards are valid for 10 years. There are special rules for Conditional Residents (those who obtained residency through marriage to a U.S. citizen for less than two years) who receive an initial two-year period before they can apply for the 10-year Green Card.

The expiration date is printed on the front of the card. It's crucial to check your card and mark the expiration date on your calendar.

What Happens When My Green Card Expires?

An expired green card does not mean you lose your permanent resident status. You are still a Lawful Permanent Resident even if your card has expired. However, an expired card can create significant problems.

Travel Difficulties: Airlines may refuse to allow you to board a flight to the U.S. if your green card has expired, as it is evidence of your authorization to reside in the country. Additionally, order officials may prevent you from re-entering the U.S. with an expired card, as it indicates your status may no longer be valid. This could result in being denied entry and potentially placed in removal proceedings.
Employment Issues: Most employers in the U.S. must verify their employees' employment eligibility using Form I-9. An expired green card may no longer be considered valid proof of employment authorization, which could lead to termination of employment. It may also be challenging to obtain new employment if your green card has expired, as employers may be hesitant to hire someone whose immigration status is uncertain.

Difficulty Obtaining Benefits: You may be ineligible for certain government benefits or services if your green card has expired, as many programs require proof of lawful permanent resident status. You may also have difficulty obtaining health insurance if your green card has expired, as many insurance providers require proof of lawful permanent resident status.

Driver's License Renewal: Many states require proof of lawful permanent resident status to renew a driver's license. An expired green card may not be considered valid proof of residency, which could result in your driver's license not being renewed.

The I-90 Renewal Process: Keeping Your Status Current

To avoid these complications, renew your green card before it expires. This is done by filing Form I-90, Application to Replace Permanent Resident Card, with U.S. Citizenship and Immigration Services (USCIS).

Key notes for the Green Card renewal process:

Timely Filing:.USCIS advises that you submit your I-90 application 6 months before your green card expires to ensure timely processing and uninterrupted proof of your status.
Accurate Information: Ensure all information on your I-90 form is accurate and complete. Errors can lead to delays or denials.
Supporting Documents: You must submit documentation to support your application, such as a copy of your current green card and proof of your identity.
Biometrics Appointment: USCIS will likely schedule a biometrics appointment to collect your fingerprints and photograph.
Receipt Notice: After filing, you will receive a receipt notice (Form I-797C) as temporary proof of your pending application.

Important Advice: Do NOT Travel with an Expired Green Card!

You mustn't attempt to travel internationally with an expired green card, as you risk being denied re-entry into the United States. If you must travel while your renewal application is pending, consult an immigration attorney to discuss potential options, such as obtaining an ADIT stamp (temporary proof of permanent residence) from USCIS.

In Conclusion

Your green card is a valuable document that signifies your permanent resident status in the U.S. By understanding the expiration and renewal process and acting promptly, you can avoid unnecessary complications and maintain your legal status.

Remember, immigration law can be complex. If you have any specific questions or concerns, don't hesitate to consult with an experienced immigration attorney. We're here to help you navigate the process and ensure your continued success in the United States. For more information, please contact us.

This article has been prepared for general information purposes only. The information presented is not legal advice, is not to be acted on as such, may not be current, and is subject to change. Readers should contact their attorneys to obtain advice concerning any particular legal matter.