Following a successful adjustment of status or consular processing, USCIS will issue the applicant a Form I-551, Permanent Resident Card, commonly known as the “Green Card.” This document signifies that the holder is now a permanent resident of the United States. Alarmingly, most Green Cards come with an expiration date. What happens if it is expired? Most importantly, how can the Green Card be renewed?
Consequences of Letting Green Card Expire
A Green Card’s expiration, on its own, does not cause its holder to lose permanent residency. However, having an expired Green Card can introduce severe inconveniences to the permanent resident’s life. The Green Card is a proof of status. Many government agencies rely on seeing this proof in order to work with permanent residents.
For example, permanent residents reentering with an expired Green Card can expect delays or even outright rejection at U.S. Customs. Many state DMVs want to see unexpired Green Card before issuing driver’s license to a permanent resident. Employers regularly request copies of unexpired Green Card from permanent resident employees in order to meet I-9 obligations. Having an expired Green Card may lead to suspension or even job loss.
An experienced immigration attorney can help you navigate these tricky situations, but prevention is always the better policy. In short, even though you won’t lose permanent residency by letting the Green Card expire, you should still renew your Green Card as soon as possible.
Renew or Replace Green Card
File the I-90 form with USCIS to renew or replace Green Card. This form may be filed in paper or online. To renew 10-year Green Cards, the earliest day to file the I-90 is six months before the Green Card expires. I-90 can be filed even after the Green Card expired.
Unfortunately, USCIS has been slow to review I-90s. As of today, the estimated processing time is around 20 (!) months. To ameliorate the situation, USCIS automatically extends validity of the I-90 applicants’ current green cards by another 24 months. The notice acknowledging receipt of the I-90 form should indicate this, giving applicants a way to prove their ongoing permanent resident status.
Be mindful that this 24-months extension begins on the day the Green Card expires, NOT the day the I-90 is filed. So, if you waited a year after your Green Card expires to file the I-90, part of the 24-months extension covers the 12 months before the I-90 was filed. You Green Card is now left with just 12 months of validity extension while the I-90 is being reviewed. This is yet another reason to renew the Green Card early.
Green Card Expiration/Loss While Abroad
If your Green Card is expired or lost while traveling abroad, solutions typically start with contacting the local U.S. consulate. Depending on your situation, you might need to get a boarding foil to get a flight to the U.S. You are also likely to encounter difficulty at customs. Traveling abroad as a permanent resident typically involves complex questions about the length and nature of the trip. With validity of the Green Card now is question, this is one situation where an experienced attorney can really help.
Conditional Green Cards
If applicants successfully apply for permanent residency through a recent marriage or by investing fund into an EB-5 project, they are typically issued a Conditional Green Card. Those cards last just two years, before the end of which the conditional residents will need to apply yet again to remove the condition on your residency.
I-90 does not apply here. Those who obtained conditional residency through marriage need to file the I-751. Those who went through the investment path will need to file the I-829. Timing is crucial. Both applications need to be submitted in the 90-day window before the Conditional Resident Card expires.
Assuming the I-751 or I-829 is approved, the condition on the applicant is removed, and they will be issued the 10-year Green Card.
The I-551 Stamp
In some situations, one might need a temporary proof of permanent residency. These situations often arise because USCIS takes such a long time to review applications submitted by permanent residents.
The I-551 stamp is the solution. Requesting the stamp starts with a call to USCIS’s helpline. From there, you might receive the stamp in mail, or schedule an in-person meeting at the local USCIS field office to obtain the stamp. I-551 stamps are typically effective for a year at a time. We have unfortunately seen clients who needed to get multiple I-551 stamps in a row due to USCIS delays.
Conclusion
We hope this information is helpful. If you have any other questions about renewing your Green Card, contact us. Shiao PLLC is an immigration law firm based in Washington D.C. We emphasize honesty and efficiency to give our clients the best service.