Failed to Renew Your Green Card in Time?

If you are a lawful permanent resident of the United States, then you should have a green card to prove it. The current style of U.S. green card (also known as an I-551 or permanent resident card) expires every ten years, before which time it must be renewed. (The previous style of green card did not contain an expiration date, but it is no longer considered valid, so it too needs to be renewed.) You wouldn't be the first person to miss the deadline for submitting the green-card renewal application to U.S. Citizenship and Immigration Services (USCIS), however. Here's what to do next.

Don't Panic If Your U.S. Green Card Has Expired!

If you did not renew your green card on time, you should do so as soon as possible. Don't worry too much, you probably haven't lost your permanent residence itself. The green card is merely evidence of your status as a U.S. immigrant, and letting it expire does not, in and of itself, damage that underlying status.

The key thing to understand, however, is that one of your obligations under U.S. immigration laws is to carry a valid green card with you at all times, if you are age 18 or older. (See § 264(e) of the Immigration and Nationality Act (I.N.A.).) If you are caught with an expired green card, or an old-style green card with no expiration date, you could be prosecuted for a misdemeanor. Having a crime on record can lead to problems and jeopardize your immigration status, for example when you apply for naturalized U.S. citizenship.

Also, if you travel outside the United States with an expired green card, you will likely have trouble when trying to reenter the country. In fact, you might not be allowed to embark on your travel to the United States at all; the overseas airline or other carrier will, in accordance with U.S. federal guidelines, check your green card when you attempt to check in and deny your boarding.

How to Apply for Green Card Renewal

The basic steps to renewing a regular U.S. green card involve filling out and submitting USCIS Form I-90, together with a fee. You can submit it either online or by mail.

After submitting the application, you will be called in for a "biometrics" appointment, which mostly means having your fingerprints taken. That allows USCIS to check your record in various federal databases, looking for crimes or immigration violations. If you have had any run-ins with law enforcement or been accused of any immigration violations, definitely consult an attorney before attempting to renew.

Potential Risks of Applying Late for Renewed Green Card

If, over the years that you have been a permanent U.S. resident, you have committed any crime or done anything else to violate your legal right to remain in the country, you might have become removable (deportable).

Most often, it is felony crimes that cause problems for one's immigration status, but a misdemeanor can be treated more seriously than one might expect.

The fingerprint check done after you file the I-90 form will reveal crimes or immigration violations that took place since you last received your green card. Applying to renew could thus result in your being placed into removal proceedings in immigration court.

For more information, see Renewing Your Green Card After a Criminal Charge or Conviction. You'd also be wise to consult an immigration lawyer.

Applying for Naturalization (U.S. Citizenship) Instead of Renewing Green Card

If you are already eligible for naturalized U.S. citizenship, you might want to apply for naturalization without renewing your green card first. This is a practice that USCIS is not happy about, but has historically allowed nonetheless. Once you obtain U.S. citizenship, you no longer have to renew your green card or worry about it expiring.

See Applying for U.S. Citizenship With an Expired Green Card for a discussion of that option.

When to See an Attorney About an Expired Green Card

If you are concerned about any legal incidents that could cause your application for green card renewal to put your legal immigration status at risk, it is a good idea to hire an immigration lawyer. The attorney can help you confirm your permanent resident status, assess whether any risks present themselves in your case, and prepare the application for renewal to USCIS.

Or, if you realize that your U.S. residence was only conditional, and the two years has passed without your having filed an I-751 (for spouses) or an I-829 (for investors), definitely consult an attorney.