In the old days, a green card (also referred to as a Permanent Residency Card or I-551) was actually green, and had no expiration date. Now green cards expire every 10 years and must be replaced. This article will explain why both old and newer green cards that are about to expire should be replaced or renewed as soon as possible.
It is important to note that an expired green card does not mean that permanent residency status has expired. If, for instance, Customs and Border Patrol (CBP) encounters a person who has an expired 10-year green card at the border, they will furnish him/her with information on how to replace the green card, and will take no further action.
A green card is proof of permanent resident status in the United States, serves as valid identification, and serves as proof that an individual is eligible to live and be employed in the U.S. It is important to keep the green card up-to-date because, without a valid card, it may be difficult to prove permanent residency, and it may be affect an individual's ability to travel or prove eligibility to be employed in the U.S.
Green cards should be renewed as soon as possible because of pending rules promulgated by the United States Citizenship and Naturalization Service (USCIS) that are in the comment period until September 21, 2007. USCIS is seeking to require replacement of all of the older green cards that do not have expiration dates with cards that expire within 10 years. This will lead to an avalanche of applications and slower processing times. Those with expired cards (an estimated 750,000 filers) should apply early to beat the rush. USCIS itself, in its proposal, encourages early filing. Form I-90, which is the application to replace permanent resident card, is filed in order to renew or replace a green card. This form can be found on the Internet at www.uscis.gov. In many cases, the I-90 can be filed electronically on the USCIS website.
Be aware of Permanent Residency Cards that are valid for only two years. These are conditional Permanent Residency Cards and cannot be renewed. A conditional green card requires filing a petition to remove the conditions of permanent residency within 90 days of the expiration date of the conditional green card. This scenario occurs most often in marriage-to-foreigner cases in which the couple has been married for less than two years when their application is approved. The foreign spouse is initially given a conditional green card, with the advisement that a petition must be filed one year and nine months after the conditional green card has been issued. This creates a three-month window of time in which to file to remove the conditions of permanent residency. Both the foreign spouse and the sponsoring spouse sign the petition jointly.
In some cases, the parties divorce or the U.S. spouse simply refuses to cooperate. Then the foreign spouse must file for the permanent green card him/herself. However, the foreign spouse must first show one of the following three things:
1. That the couple have divorced, but their marriage was initially entered into in good faith; or
2. The deportation of the foreign spouse will cause the foreign spouse extreme hardship, greater than that suffered by most people who are deported; or
3. The foreign spouse was abused by his/her U.S.-citizen or green card-holding spouse
In addition, if the three-month window of time is missed, the foreign spouse will lose his/her permanent residency status and may find him/herself in front of an Immigration Judge in removal proceedings. Form I-751 is the Petition to Remove Conditions of Residence, and is found on the Internet on the USCIS website, www.uscis.gov.
If permanent residency status was based upon being an investor/entrepreneur, the individual must file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Residency.
A green card needs to be replaced (not simply renewed) if it is ever lost, stolen, or damaged. Also, if a permanent resident obtained a green card before the age of 14, he/she is required to replace his/her green card after turning 14.
The filing fee for the I-90 (Application to Replace Permanent Residence Card) varies according to the reason for filing the card, and the age of the applicant. In general, the fee is now $290, plus a biometrics (fingerprint) fee of $80. Also be aware that there are a number of service centers where the I-190 can be filed, depending upon the reason for filing. An application sent to the wrong service center will be rejected, and will probably be returned to the sender at a much later date.
About the author: Kathleen Lord-Black is a U.S. immigration lawyer. Her offices are located in Vancouver, British Columbia. She has served as Immigration Consultant for the San Francisco Public Defenders Office, 2005 Chair of the Immigration Section of the Barristers Club of the Bar Association of San Francisco, and former Congressional liaison for U.S. Representative Farr. Ms. Lord-Black is an active member of the American Immigration Lawyers Association and the American Civil Liberties Union. Her articles regularly appear in the Bay Area Arabic-language newspaper, Alra’i Alarabi. Ms. Lord-Black can be reached via email at kathleen@kathleenlord.com; and by telephone at (360) 329-2436 (U.S.) and (604) 352-2006 (Canada). www.immigration-etats-unis.com
