Greencard expired . . . for 5 years already

[Brother Hesekiel 2,236]

I have a good friend, who is married to a USC for 15 years now. She is a German citizen, they have 2 children, 14 and 11 years old together, and the whole family lives in Southern California.

While chatting on the phone, we talked about dual citizenship and related topics, at which point she told me that she hasn't applied for naturalization yet due to monetary constraints. While initially very successful, her hubby is trying to build a new business for quite a few years now and money is very tight.

Paying for the N-400 application is thus very low on their priority list right now, but then she told me that her 10-year GC expired 5 years ago and since even the I-90 application for renewal costs over $300 now, she simply can't afford it.

Those of you who read some of my posts know that I don't think a GC belongs in the wallet, and I myself have only needed to flash my own GC when returning to the US from abroad. Where I'm unsure is if there's any consequences about renewing a GC late . . . as in 10 years late?

We know that the status of a LPR is not bound on the document, meaning it's a non-issue to renew an expired card without extra cost involved. Now . . . if a LPR waits 10 years after her GC is expired, she would save the $300+ renewal fees as she would skip one decade and one chunk of $100 bills associated with a renewal.

Am I right, wrong, or do I overlook something here? Please give me your input.

[milimelo 4,477]

I have a good friend, who is married to a USC for 15 years now. She is a German citizen, they have 2 children, 14 and 11 years old together, and the whole family lives in Southern California.

While chatting on the phone, we talked about dual citizenship and related topics, at which point she told me that she hasn't applied for naturalization yet due to monetary constraints. While initially very successful, her hubby is trying to build a new business for quite a few years now and money is very tight.

Paying for the N-400 application is thus very low on their priority list right now, but then she told me that her 10-year GC expired 5 years ago and since even the I-90 application for renewal costs over $300 now, she simply can't afford it.

Those of you who read some of my posts know that I don't think a GC belongs in the wallet, and I myself have only needed to flash my own GC when returning to the US from abroad. Where I'm unsure is if there's any consequences about renewing a GC late . . . as in 10 years late?

We know that the status of a LPR is not bound on the document, meaning it's a non-issue to renew an expired card without extra cost involved. Now . . . if a LPR waits 10 years after her GC is expired, she would save the $300+ renewal fees as she would skip one decade and one chunk of $100 bills associated with a renewal.

Am I right, wrong, or do I overlook something here? Please give me your input.

Does this help answer the question? http://www.uscis.gov/files/pressrelease/Gr...ewal_110702.pdf

It says no penalty if card expired...

[payxibka 10,045]

Most likely the USCIS has already terminated her permanent residency.... If so, a simple renewal is not possible but an entire re-registration including a new I-130, I-485, et al... and her residency date would be reset... but this really is a new situation that has not been discussed much here

Edited December 3, 2009 by payxibka

[Kathryn41 3,205]

No, the permanent residency doesn't expire when the card does. (See the link Milimelo posted.) There is no penalty for not renewing the green card, however, it does mean that work and travel may have problems without proof of legal status in the US. Your friend is supposed to keep her proof of status valid so she should really try to make it a priority to file the I-90 and get a new green card asap.

[SunDrop 59]

Taken from the link above:

Q. What if I cannot afford the application fee, or I am ill or disabled and cannot go to my local INS office?

A. If you cannot afford the fee you may request a fee waiver according to standard procedures. If you are unable to appear in person because you are confined due to advanced age or physical disability, you may contact your local INS office to request accommodations.

Dunno what those procedures are, though but everyone posting before me is a seasoned VJer

[meauxna 15]

I have a good friend, who is married to a USC for 15 years now. She is a German citizen, they have 2 children, 14 and 11 years old together, and the whole family lives in Southern California.

While chatting on the phone, we talked about dual citizenship and related topics, at which point she told me that she hasn't applied for naturalization yet due to monetary constraints. While initially very successful, her hubby is trying to build a new business for quite a few years now and money is very tight.

Paying for the N-400 application is thus very low on their priority list right now, but then she told me that her 10-year GC expired 5 years ago and since even the I-90 application for renewal costs over $300 now, she simply can't afford it.

Those of you who read some of my posts know that I don't think a GC belongs in the wallet, and I myself have only needed to flash my own GC when returning to the US from abroad. Where I'm unsure is if there's any consequences about renewing a GC late . . . as in 10 years late?

We know that the status of a LPR is not bound on the document, meaning it's a non-issue to renew an expired card without extra cost involved. Now . . . if a LPR waits 10 years after her GC is expired, she would save the $300+ renewal fees as she would skip one decade and one chunk of $100 bills associated with a renewal.

Am I right, wrong, or do I overlook something here? Please give me your input.

I was going to answer in respect to your friend (if she lives in LA county, they will give her an I-551 stamp if she shows evidence of N-400 application.. IE a NOA) but it sounds like you'd actually like to know if you (or some PR) could just skip renewing for every 10 years?

PRs are required to have documentary proof of status on them.

MrF and others have discussed the renewal/natz combination at BE many times.

[Brother Hesekiel 2,236]

Looks like my friend is correct.

You get your GC and after 10 years, when it expires, simply don't renew it for the next 40 or 50 years and save thousands of dollars in fees. Even so, it never changes your status as a LPR or has any legal consequences. Which confirms my notion that the green card is only needed the reenter the US after traveling abroad. A loophole, perhaps, but it still exists.