Forgot to Remove Condition on my Permanent Resident card

[kzielu 1,147]

For work i showed everything they asked me to show. Do i remember what i showed, no its 5 years a go.

For my driving license i don't have to show anything. i even transferred my old marriage car to my name because it was under both names.

All that got done with no problem. I didn't have to show any evidence or proof or residency.

i know that you cannot have a driving license without a visa or permission of any kinds to obtain a driving licence.

I think once you get a drivers license, renewing is just a matter of showing up at DMV/BMV and does not require producing any kind of immigration documents (as it seemed in this case) - I don't think DMV/BMVs are aware of conditional status. When I came over on L-1, my OH drivers license was non-renewable (never bothered to go and change my status at BMV to resident) and once it expires it will require producing a proof of immigration status.

Alex-76 - your card was conditional (I have the same one - CR-6) and everything that's been said here about you being out of status is unfortunately true. Your example also shows that in most cases nobody quite recognizes loss of the immigration status... So you can keep on living, but sooner or later (change of jobs for example) you'll end up in trouble...

[belinda63 3,030]

Well he was advised to speak to an attorney and he hasn't done that. He was asked what the expiration date on his GC was and he can't seem to take the time to look and see. He was advized his employer could be in trouble if he is working illegally and he doesn't seem to care. Maybe he needs to be woken up a little bit.

You need to resolve the status of your GC NOW.

[Martyshk 137]

I think once you get a drivers license, renewing is just a matter of showing up at DMV/BMV and does not require producing any kind of immigration documents (as it seemed in this case) - I don't think DMV/BMVs are aware of conditional status.

Oh yes it does.

Oh yes they are.

Not until one gets a 10 year GC the license will always be tied to the expiration of the conditional GC.

In their system the driver will be labeled as having a "temporary immigration status".

I'm sorry, but everyone going through ROC dreads renewing their DL, because of how DMV staff refuses to do so (sometimes) just based on seeing an expired GC.

[Harpa Timsah 13,258]

Alex, if you got your job 5 years ago, then it sounds like your GC was current when you got the job. An employer id not required to recheck when documents expire. If you were good when they hired you, then you are good for them forever.

Regarding DMV, if you have a license and were all cleared before, then you shouldn't have to show proof of status again. To respond to marty above, it's different in different states. Not all are tied to the conditional card so it's perfectly plausible he just paid a fee to renew and took a new photo.

You seem to be saying that you showed someone the expired GC and it was okay, but now that we peel back the layers we are seeing that you have not showed the expired card to anyone. Is that right?

Another issue I wonder is if you have been falsely claiming to be a USC.

I also wonder if you actually did apply for ROC and just never changed the card and your ex has the current card.

I personally think with a good lawyer you have a chance at getting approved. But it is something to take seriously. I quoted the law for you before and it says that if you fail to remove conditions then your status is cancelled.

Edited May 6, 2013 by Harpa Timsah

[Martyshk 137]

1. Alex, if you got your job 5 years ago, then it sounds like your GC was current when you got the job. An employer id not required to recheck when documents expire. If you were good when they hired you, then you are good for them forever.

2. Regarding DMV, if you have a license and were all cleared before, then you shouldn't have to show proof of status again.

3. You seem to be saying that you showed someone the expired GC and it was okay, but now that we peel back the layers we are seeing that you have not showed the expired card to anyone. Is that right?

4. Another issue I wonder is if you have been falsely claiming to be a USC.

5. I also wonder if you actually did apply for ROC and just never changed the card and your ex has the current card.

6. I personally think with a good lawyer you have a chance at getting approved. But it is something to take seriously. I quoted the law for you before and it says that if you fail to remove conditions then your status is cancelled.

1. True. But it was said (by OP) that he did show the expired GC.

2. DMV only issues "all clear" DL with a 10 year GC. It is possible, of course, he was never put in the system properly and just skated. Every state has different procedures and there might have been loopholes.

3. This is what confuses me the most: "showed the expired GC and it was ok", "I don't remember", "I don't know" - it's hard to figure out the truth here.

4. Could be too. Would explain a lot, actually.

5. I had this thought that his ex actually has the current card too! Maybe she did all the paperwork for him and just never gave him the card and never told him what was going on? That would also explain a lot

6. I'd say, maybe if some of your statement is replaced with: "with one of the best lawyers this country has to offer".

[gringasuramerican 3]

It is true what he says about the DL. I'm in FL and my DL expiration date was never tied to the expiration date on my coditional GC.

Now, to the topic at hand, who cares how he works or how he got his DL. Seems that he was careless and nonchalant about the whole issue and so he was "comfortable".

Now he is in deep trouble and we all just come to these Forums to look for support and advice.

If you and your wife filed I-751 , how can you not know htat?. Your life depended on it!. You said that you have kids here, how can you possibly not be on top of all your immigration process if you still want to live, work and stay with your kids here in the US???!!

Now the bottom line is what i and all the others have advised: you need a lawyer now!.

[Martyshk 137]

1. It is true what he says about the DL. I'm in FL and my DL expiration date was never tied to the expiration date on my coditional GC.

2. Now, to the topic at hand, who cares how he works or how he got his DL. Seems that he was careless and nonchalant about the whole issue and so he was "comfortable"

1. And then we wonder why there are so many illegal immigrants living freely in this country?

2. Those questions (DMV/employment) were aimed to figure out what status OP actually holds, since his personal account of his life/experience just didn't add up.

[Harpa Timsah 13,258]

1. True. But it was said (by OP) that he did show the expired GC.

Yeah, but then he said "it was 5 years ago, I don't remember!" Maybe it's an english temporal issue, and he meant "Five years ago I showed them the card which is now expired."

[Martyshk 137]

Yeah, but then he said "it was 5 years ago, I don't remember!" Maybe it's an english temporal issue, and he meant "Five years ago I showed them the card which is now expired."

This whole thread hinges on "maybes"....

[BirdyGirl85 23]

There has been a lot of back and forth argument about carrying the GC on one's person at all times

It's about 50/50 issue.

I don't let my wife carry the card with her, for example. But we have copies with us. Then again, we do not live in a border state.

Oh ok, I didn't realize there has been arguments about that. I never read anything about that other then the letter that came with my husband's GC that says to have the card with you at all times. My husband carries his GC everywhere with him, unless he is going swimming.

[Christi85 86]

Just to chime in with regards to the DL: mine isn't tied to my conditional green card either (I'm in California).

Conditional green card expires June 2013, I've also received the extension letter that is good until June 2014, however my DL doesn't expire until the day of my birthday in 2015 (DL was issued in 2012). By then I should be a citizen, hopefully.

So sometimes the DMV does weird stuff I guess.

As far as the OP's issue is concerned, I don't have anything more to add. He wondered if some of us work for USCIS, so he may be deliberately trying to avoid answering the expiration date question for fear he could somehow get "identified". I'll just repeat that a good lawyer is necessary and it needs to be done asap. Other than that, good luck!

[bewildering 9]

I just checked the I-9 form.

It is possible to fill it in without providing your greencard to the prospective employer. You can just use your driving license AND your social security card.

The I-9 doesn't actually ask for the greencard expiry date when you sign it! There is an option to provide an expiry date, but the way the form is presented it seems to only apply to other visa types.

Three points

A) HR are not going to recheck the I-9 after any period. I'm sure the average HR person just doesn't care.

B) The government are going to check the I-9 initially, but never again. They just aren't that efficient.

C) For a new job, you can fill in the I-9 using just a Driving license and social security card, and even now the government wouldn't notice this guy is illegal - they probably use the e-verify database.

I also renewed my driving license online with no immigration documents - this is despite being three years past the expiration of the my J-1 visa I used to get the initial driving license.

[Hypnos 6,576]

I personally wouldn't be forcing my wife to break the law (by making her not carry her green card) but that is for another topic. Namely this one! http://www.visajourney.com/forums/topic/422724-do-you-always-bring-your-green-card-with-you/

With regards to this topic, the OP does not too concerned about it so perhaps it's time to close this up, move on and see other posters.

Edited May 6, 2013 by Hypnos

[bewildering 9]

Just to chime in with regards to the DL: mine isn't tied to my conditional green card either (I'm in California).

Conditional green card expires June 2013, I've also received the extension letter that is good until June 2014, however my DL doesn't expire until the day of my birthday in 2015 (DL was issued in 2012). By then I should be a citizen, hopefully.

So sometimes the DMV does weird stuff I guess.

As far as the OP's issue is concerned, I don't have anything more to add. He wondered if some of us work for USCIS, so he may be deliberately trying to avoid answering the expiration date question for fear he could somehow get "identified". I'll just repeat that a good lawyer is necessary and it needs to be done asap. Other than that, good luck!

I think the DMV just check your status when you first get the driving license, but then I think any residence issues are just forgotten. It is the DMV - they are stretched enough! And they don't seem the most organized organization I have come across

[Jamericanlove 31]

I've had drivers licenses in 3 states as a student and now as a permanent resident and have updated the licenses to show change of address in one of these states. Every single time I had to present documents that proved my status. As a non-citizen I've not even been allowed to make any changes to my license without going in-person. I find it very strange that that's not a requirement across the board with every state. There would be much less mix-up's if it were.

The OP was indeed careless for not realizing that the conditions should be removed after two years, but what puzzles me even more is how he could be here for 5 years past that point, working and interacting with the system and not get a clue someway somehow that....hey buddy....this card is expired. Very odd, and does illustrate how simple it is for things to go unnoticed in this system.

Anyway...I do wish the OP all the best in his attempt to get this situation figured out.

Edited May 6, 2013 by Jamericanlove