Are You Required to Renew Your Green Card?

Are You Required to Renew Your Green Card?

By Los Angeles Immigration Attorneys

Nikki Mehrpoo Jacobson & Susan S. Han

Jacobson & Han LLP

www. GreenCard4You. com info@greencard4you. com

FOR A FREE CONSULTATION CALL (213) 620-0222

“Green Card” refers to the official card issued by the U. S. government to those who become lawful permanent residents (immigrants) as evidence of their authorization to live and work in the United States. It is officially called Form I-551, the Permanent Resident Card (formerly known as the Alien Registration Receipt Card). It is commonly called the Green Card not because of its current color, but because of the original color of the card many years ago.

The “Green Card” is evidence of your status as a lawful permanent resident with a right to live and work permanently in the United States, as long as you do not violate any immigration laws. A “Green Card” instantly communicates to law enforcement officials and United States employers the person’s legal status in accordance with United States immigration laws.

In August 1989, the Immigration and Naturalization Service (INS – now USCIS) began issuing “Green Cards” with a 10-year expiration date and required permanent residents to renew their Green Cards every 10 years. In addition, a “Green Card” that is too old, with out-of-date photographs or is damaged, cannot effectively serve as evidence of current immigration status, registration, identity, and employment authorization or re-entry documents. Current Green Cards have an expiration date stated on the front of the card and expire every ten (10) years. The USCIS puts a 10-year expiration date on “Green Cards” for Permanent Residents, not Conditional Residents (2-year expiration date), to protect against counterfeiting and tampering and to ensure that those individuals who may now be inadmissible, removable or deportable are brought to the attention of USCIS.

Green Card holders will not necessarily lose legal status in the United States if their card expires; however, permanent residents are required by law to carry evidence of their current legal status at all times (e. g. a valid, unexpired Green Card or the temporary proof of status you receive at the time of filing to renew your Green Card. ) If permanent residents fail to renew an expired or expiring card, they may experience difficulties in obtaining employment, public benefits and re-entry into the United States after traveling abroad. It is important to note that USCIS will not penalize applicants for renewing their “Green Card” after it has expired, but applicants should apply to renew their “Green Cards” as soon as possible. Furthermore, under no circumstances should a permanent resident travel abroad with an expired card unless he or she has proof that a renewal for the Green Card was filed with the USCIS and is able to show proof upon entry back into the U. S.

“Green Cards” issued between 1979 and 1988 which did not state a specific expiration date did not be renewed because there was no expiration date. Lawful permanent residents who hold these permanent resident cards with no expiration date may replace their cards now, but there is currently no requirement to do so. It is important to note that these cards are now between 17 and 30 years old and are possibly damaged and with outdated photographs.

On August 22, 2007, the USCIS announced a proposed rule that all lawful permanent residents with cards with no expiration date must apply and obtain new “Green Cards. ” This proposed rule in no way affects the current validity of these permanent resident cards. Permanent residents who possess these cards may continue to use them as proof of permanent residency when traveling, when seeking employment, and at any time such proof is required. However, the USCIS is seeking to terminate “Green Cards” without an expiration date. USCIS believes that the replacement of these cards is vital to the security of the immigration process. The change would allow USCIS to issue more secure, tamper-resistant permanent resident cards, update cardholder information, conduct background checks, and electronically store applicants’ fingerprint and photographic information so as to provide better evidence of the identity of the cardholders.

To renew your Green Card, you must complete and submit a Form I-90 "Application to Replace a Permanent Resident Card. " Form I-90 applications to renew “Green Cards” may be submitted by mail or online at the USCIS website (www. usicis. gov). All applicants are required to provide current biographic and biometric (photographs and fingerprint) information. If an applicant cannot afford the necessary USCIS filing fee, he or she may request a fee waiver according to standard procedures. The specific requirements and procedures for applying to renew an expiring permanent resident card are set forth in the Code of Federal Regulations [CFR] at 8 CFR § 264. 5.

Currently, processing times for the adjudication of I-90 applications, without any immigration issues, is usually 6-12 weeks. However, processing times can vary for each applicant based on particular facts. If you are outside of the United States at the time of the card’s expiration and you have not applied for the renewal card prior to your departure, you should contact the nearest American Consulate or Embassy, USCIS office, or Port of Entry before attempting to return to the United States or filing Form I-90 for a renewal I-551 card. The USCIS encourages eligible residents to also consider applying for naturalization.

If a “Green Card” holder has had any criminal convictions after obtaining lawful status or has any legal concerns, it is extremely important to seek legal advice prior to filing for renewal or Naturalization. Many applicants discover the consequences of applying for renewal or Naturalization only after they have been placed in Removal (Deportation) Proceedings.

The Green Card, Naturalization, and How to Become a Legal Immigrant

The process for a foreign citizen to legally acquire a green card and eventually become a legal naturalized citizen of the U. S. is difficult, time consuming, and expensive. Many critics of the system maintain that if the process was simpler there would be far fewer foreign citizens entering and remaining in the U. S. illegally.

When a foreign citizen visits the U. S. as a tourist, a medical patient, a student, or for business purposes, they generally need to present only a valid national passport, a photo ID card or birth certificate, and sometimes an entry visa. A visa is simply an endorsement on a document that shows authenticity and conveys permission to travel to and to enter a foreign country. This type of visa is also known as a nonimmigrant visa. Fees for a passport, a nonimmigrant visa, and a border crossing card total about $300.

However, when a foreign citizen wishes to reside and work in the U. S. , they need to present an immigrant visa, also known as a green card. The green card was originally called the Alien Registration Receipt Card, but it has recently been renamed the Permanent Resident Card. Originally the card was green in color but now the card is white with some green printing on the back. It is still known generally as the green card. Recipients of the green card must carry it with them at all times. The green card is valid for a period of 10 years.

The green card is issued to a foreign citizen as a response to a petition by an employer or a relative who is a U. S. citizen. The petition by the employer or relative allows the foreign citizen to enter the U. S. for the purposes of being employed and residing permanently in the country.

The process for acquiring the green card generally follows three steps. The U. S. Citizenship and Immigration Service (USCIS) issues the green card. This service used to be known as the INS or Immigration and Naturalization Service. USCIS is often referred to as simply the Immigration Service and is now part of the Department of Homeland Security. The first step is for the USCIS to review all of the paperwork and approve the petition from the qualifying relative or employer. The second step is to send the approved paperwork to the National Visa Center (NVC) where the petition waits for a visa number to become available. Only a limited number of visa numbers are available each year. Once a visa number becomes available, then the third step is for the petition to be forwarded to the appropriate U. S. embassy or consulate in the foreign citizen’s home city or country.

The three step process appears to be simple and straightforward, but the expenses and the amount of paperwork and time involved make the process difficult and frustrating.

The first step to obtain a green card is for the sponsoring relative or employer to submit the proper forms to USCIS. The process of filling out, collecting, and forwarding the paperwork on to NVC can take two months or more. Typically, not all of the necessary forms are submitted the first time and communication by mail between the USCIS and the petitioner and between the USCIS and NVC is slow. Fees for the paperwork, photos, and supporting documents can total $190 to $400.

Next, NVC collects the paperwork and determines if additional items are needed to complete the application process. There generally are additional necessary forms, passports, and documents needed before everything can be forwarded to a U. S. embassy or consulate in the foreign citizen’s home city or country. This process can take two to seven months and requires the payment of processing fees and fingerprinting which cost about $500 or more.

If the petition is for an immediate relative, such as parents, spouses, and minor children, then the application does not need to wait for a visa number, and the petition can be sent on to the U. S. embassy or consulate. Some consulates are busier with green card applications than others and the waiting period for an appointment at the consulate ranges from a couple of weeks to 9 months. In addition to identity documents the applicant must present blood tests and medical exam results which may cost an additional $200 or more. After the appointment at the consulate and the approval of the petition, the foreign citizen is issued the Permanent Resident Card or green card. The citizen is then free to enter the United States for purposes of establishing a residence or beginning employment.

If the petition is for a family member other than an immediate relative, such as adult children, married children, and brothers and sisters, then the application must wait for an Immigrant Visa number to become available. The waiting period may take a few months to as long as 10 years. Only a limited number of Immigrant Visa numbers are available for each country each year. An application may wait for a long period of time if the applicant is from a country which sponsors a large number of applicants. After the petition receives a visa number the application is sent to the U. S. embassy or consulate and the citizen can then complete the appointment and receive their Permanent Resident Card or green card.

The green card is valid for 10 years. After five years of residency in the U. S. the citizen is eligible to become a naturalized U. S. citizen. In addition to the five years of residency, the citizen must show an ability to read, write, and speak English, understand U. S. history and government, have good moral character, and be willing to abide by the principles of the U. S. Constitution. Fees for the application and electronic fingerprinting total about $400. Once the citizen has taken the Oath of Allegiance they become a full U. S. citizen.

Obtaining permanent residency or citizenship in the United States requires a large commitment of time, determination, and resources. Simplification of the process would allow foreign citizens to more easily immigrate to the U. S. legally and would likely reduce the number of illegal immigrants. The United States has a proud history of successful legal immigration.

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