Introduction: What is a Green Card?
A Green Card is Mere Proof of Lawful Permanent Resident (“LPR”) status.An LPR is required to have a current,unexpired green card. However, contrary to popular belief, one does not lose their LPR status merely because their card has expired. One can only lose LPR status if a judge revokes it or a person abandons it by remaining outside of the U.S. for a prolonged period of time with no fixed intent to return to the U.S.(Here is our Immigration Law Tech Tip on abandonment of LPR status).
It is still important to keep your green card current for several reasons, including:
- it is required by law,
- it is your travel document, which means it is required to reenter the U.S. CBP (customs and border
protection) can deny a person reentry into the U.S. if their green card is expired, and - most employers and other collateral benefits providers, such as the DMV, require unexpired green cards.
The Process of Renewing a Green Card
To renew your green card, a person must fill out form I-90 (unless you are a conditional permanent resident, then the process is quite different, see my note below). The form can be filed online or mailed in with the required evidence and the required filing fee of $540, which includes both the form fee and the $85 biometrics fee (if you forget to include this additional $85, your application will be rejected). You should also include a copy of your current green card and all other evidence discussed in the form instructions. For more information about the process, make sure you go to the USCIS website here, or speak with an immigration lawyer. Be careful of misleading websites when searching for information about renewing your green card. They are many internet pages that appear to be the government websites but are in fact private companies that will charge you a great deal for the free forms and for their rudimentary computer application that helps you fill out the form.
NOTE: 2-year Conditional Permanent Residents (those who obtained their green card from a marriage
that was less than two years old) have to follow a completely different procedure to extend their green card. The process is filed on form I-751, which is the petition to remove the conditional nature of the first green card. Go to our I-751 page for more information on this procedure.
Is the Process Different if I Lost My Green Card?
If you lose your green card or it is stolen, the process is similar but with a few differences. You use the same form (I-90), however, you check a different box. USCIS also customarily wants a written, sworn explanation of how the card was lost, that should also be notarized. If the card was stolen, USCIS commonly asks for the police report, or other proof that a formal complaint was made. The reason USCIS requires this evidence is to prevent people from unlawfully requesting a second green card to distribute to someone else.
When Might I Need an Attorney for the Process?
Renewing a green card is one of the processes that individuals most commonly do on their own, without an attorney. This is because it consists of only one form and relatively simple supporting evidence (in some cases, just a copy of your current green card.) However, like all immigration forms and processes, it is still easy to make mistakes that cost you valuable time and money. For this reason, some individuals still hire our firm to help with this task to ensure the form is filled out right and that the process is done correctly. Additional benefit of having an attorney is that we will also receive notices in your case which creates a double-check system (in case one government notice is lost in the mail), we are able to monitor the case to see if it falls outside of normal processing times, and we answer any questions along the way.
Another important reason to contact an attorney to evaluate your situation before you renew your green card is if you have any criminal history. This is because certain criminal history makes you deportable or inadmissible to the United States. If you file to renew your green card, it will likely be denied and you could be placed in deportation proceedings. (See Note below for more info on this). A person could also fall in the middle ground of being inadmissible to the U.S., which means you will not be let back into the U.S. if you leave, but not deportable (you are safe and retain your LPR status as long as you do not leave the U.S.) What types of crimes (or other behavior) make a person deportable or inadmissible is a very complex area of law, and it is often counter-intuitive. Some very minor crimes may make you deportable, while something seemingly much more serious has no adverse immigration consequences. For these reasons, it is very important to speak with an experienced immigration lawyer to evaluate your situation if you have any criminal history.
Note: In the past, occasionally, individuals who are deportable have still been able to renew their greencard and avoid deportation. This does not mean they are not deportable, but instead that:
- USCIS doesnot have information about the deportable offense in their databases and the applicant did not declare
the criminal history, as they were suppose to, on the form, or - USCIS and ICE simply used their prosecutorial discretion not to place the person in deportation proceedings.
Prosecutorial discretion is a law enforcement agency’s power not to deport everyone who is deportable based on limited resources or other policy concerns. In our current environment, it is much less likely that a person who is
deportable “slips through the cracks” given the deportation focus of the Trump administration.
Are There Any Alternatives to Renewing a Green Card? Should I Apply to Become a Citizen Instead?
The primary alternative to renewing a green card is to simply file for citizenship (called “naturalization”). Many individuals are under the false impression that they are required to renew their green card before filing for citizenship. While practically speaking this is a good idea, it is more costly and not (currently) required. While USCIS’ stated policy is that you must have 6 months left on your green card before filing for citizenship, they also cannot deny a citizenship application merely failing to renew your green card (but see my NOTE below). Consequently, rather than spending $540 on renewing your green card, it may make more sense to file for citizenship instead if you meet the requirements, which costs $725 in government filing fees. (See our Naturalization page here).
Practically though many individuals want to renew their green card before filing for citizenship because they want to travel (remember, to reenter the country, an LPR must have an unexpired green card) or they need a current green card for employment purposes. Current employers typically do not require an updated green card (and are in fact prohibited from asking for one), but new employers do require an unexpired green card.
[NOTE: this is the current stance of USCIS, which is based upon the eligibility requirements to become a citizen. These requirements nowhere contain a requirement of not letting your green card lapse. However, one must have five years of good moral character. I am concerned that USCIS could at some point take the position that failing to keep your green card current indicates bad moral character, but this is a stretch, and so far, USCIS has not gone this far.]
Can We Help?
Let us know if we can help. Even if you intend to file your I-90 application on your own, it might make sense to meet with an attorney to answer any questions about the process, evaluate any unusual issues in your case, or to evaluate any other immigration issues for you. We can be reached by using our contact form on our website here or simply calling us at (303) 872-6985.
Photo Credit: rawpixel