Renewing Expired Green Card

[bijoux 0]

Hi there! I am hoping to get some help from anyone knowledgable as I am doing research and helping some family members with their immigration papers. Here is the situation....

My German step-grandmother married my U.S. citizen grandfather (military) about 40 years ago and has been living in the U.S. for almost that long. She brought her son (my uncle) with her when she moved here, and he hasn't been back to Germany since he was a very small boy. Last year, their green cards - which they've had for a very long time - expired at a time when they did not have the money to renew them (MAJOR financial problems). I know that is something that one should definitely plan to have money for, but it wasn't my situation and I wasn't in control of it - just trying to help them figure things out now. They both wish to renew their green cards now that they have the money, but it has been nearly a year, so I wanted to know: Can one renew a green card after it's already expired? They are ready to send in their I-90s and everything, I just don't want them to pay the money if it is quite probable that their renewals will be denied immediately (I really don't know how things typically work in this kind of situation). Also, my uncle would like to go ahead and apply for his citizenship - can he go ahead and apply with an expired green card, or must he first renew it and then apply afterwards? I really appreciate any advice and/or links anyone can give me, as so far I haven't really been able to find anything. Thank you!

[Otto 83]

My German step-grandmother married my U.S. citizen grandfather (military) about 40 years ago and has been living in the U.S. for almost that long. She brought her son (my uncle) with her when she moved here, and he hasn't been back to Germany since he was a very small boy. Last year, their green cards - which they've had for a very long time - expired at a time when they did not have the money to renew them (MAJOR financial problems). I know that is something that one should definitely plan to have money for, but it wasn't my situation and I wasn't in control of it - just trying to help them figure things out now. They both wish to renew their green cards now that they have the money, but it has been nearly a year, so I wanted to know: Can one renew a green card after it's already expired?

I believe they can - how expired are they?

[HeatDeath 430]

I think your grandparents should be ok. Unlike the 2-year green card, where your PR status expires with the card unless you file RoC in a timely manner, with a 10-year (or old fashioned permanent) green card, PR status does not expire merely because the card does. They're not supposed to be walking around with expired cards, but doing so does not in any way damage your PR status. They should be able to renew the cards normally.

Your uncle, on the other hand, should probably renew his card before he files for naturalization. I'm not entirely sure about this, but I suspect that USCIS is going to want one last kick at his wallet before they have to say goodbye to him

[bijoux 0]

They told me they expired last March, I believe. I hope to see them this weekend and find out the exact dates.

[Brother Hesekiel 2,236]

Good news: there is no penalty for renewing the card even very late. It always cost the same: $390.

I have a very good friend whose card is expired for 5 years now. She had no plans to renew it until she wants to travel internationally (at which time she'll need a current card). This way, she saves $390 every 10 years by not renewing her card. So everything is cool. It's always $390, whether renewed on time, 1 year later, 10 years later, or 30 years later and it has zero, non, nada, nilch influence on her status as a Lawful Permanent Resident.

Who says there are no good news coming from USCIS?

Edited March 3, 2010 by Just Bob

[Kathryn41 3,205]

As Just Bob says, it is the green card that is expired and needs to be renewed - not the Permanent Resident status. They are supposed to have up to date green cards but that doesn't always happen. For many years green cards were even issued without expiry dates on them and there are still people out there with those undated green cards, unaware that USCIS has begun to phase them out and replace them with 10 year renewable cards. Still, it is the card - not the status - that has expired. They will have no problems getting their new cards.

[bijoux 0]

Thanks SO much for the help, everyone! Now I'm wondering if my uncle can just go ahead and apply for his citizenship since he still qualifies as a long-time PR, just one with an expired Green Card. Anyone else have any clue regarding this? I looked at the citizenship application and couldn't find any info about it.

[Brother Hesekiel 2,236]

Yes. Although his GC would need to be current, it just serves as a document to prove his status as a Lawful Permanent Resident as Kathrin put it so perfectly.

They might raise an eyebrow since his card has expired, but USCIS has their own records of his LPR status, so he might get lucky. That said, you'll never know if they may insists for him to order a new card via form I-90 which would be rather stupid, as it would serve no purpose anymore. Can't predict what the person in charge at USCIS will want or not want with any degree of certainty.

Life's a gamble. Red or black?

[HeatDeath 430]

Can't predict what the person in charge at USCIS will want or not want with any degree of certainty.

Life's a gamble. Red or black?

When in doubt, bet on the policy decision that nets USCIS an extra $390