Renewing 10yr GC that has expired

[Colleens 40]

My SIL is a LPR and her 10yr GC expired in Jan. They are very badly in debt due to medical bills and didn't have the $$ to renew it at that time. Unfortunatly we or her mom were not able to help her out financially to get it renewed. We have come into a little bit extra money so we will now help her to renew it. Are there going to be any issues now with her being out of status (she is about 110 days out of status)? Does she just fill out the regular I-90 or will there be other paperwork to fill. She is married to a USC if that makes any difference.

TIA

[warlord 73]

My SIL is a LPR and her 10yr GC expired in Jan. They are very badly in debt due to medical bills and didn't have the $$ to renew it at that time. Unfortunatly we or her mom were not able to help her out financially to get it renewed. We have come into a little bit extra money so we will now help her to renew it. Are there going to be any issues now with her being out of status (she is about 110 days out of status)? Does she just fill out the regular I-90 or will there be other paperwork to fill. She is married to a USC if that makes any difference.

TIA

If she already had a 10 year card then it doesn't matter if she's married or not. People do this all the time and forget that their card has expired. They don't do anything. So she can just submit the renewal forms and that should be all. My friends dad kept forgetting to renew each time and he's been here 40 or so years. Never had any issue getting a new card, so I think it's pretty common and they don't worry about it...

[Udella&Wiz 325]

Tell her to go for citizenship after she's done all this Unfortunately now she'll have to renew and spend the $$ first then apply for citizenship afterwards...had she done it during the first 10 yrs, it would obviously be less $$$

[Colleens 40]

Tell her to go for citizenship after she's done all this Unfortunately now she'll have to renew and spend the $$ first then apply for citizenship afterwards...had she done it during the first 10 yrs, it would obviously be less $$$

I offered to pay for naturalization, but for some reason she is dead set against it. I have no idea why, she won't give on....she is just VERY stubborn. I have even enlightened her on some of the financial reamifications of being a LPR vs USC and she didn't care.

If she already had a 10 year card then it doesn't matter if she's married or not. People do this all the time and forget that their card has expired. They don't do anything. So she can just submit the renewal forms and that should be all. My friends dad kept forgetting to renew each time and he's been here 40 or so years. Never had any issue getting a new card, so I think it's pretty common and they don't worry about it...

Thanks Warlord...I didn't think there was anything extra, but just wanted to make sure so that there were no surprises!!

[HeatDeath 430]

Renewal of the 10-year GC is not anywhere near as critical as the RoC when the 2-year card expires.

When the 2-year GC expires, the PR status expires with it, unless you've filed for RoC.

This is not the case with the expiry of the 10-year GC.

When the 10-year GC expires, the card is expired, but the PR status continues uninterrupted.

Furthermore, once she got through RoC, her PR status from then on has had nothing whatsoever to do with her marital status. She has not been out of status in any way. She remains a PR, just one with an expired GC.

The worst-case scenario for a LPR walking around with an expired GC is basically a $400-ish fine if you happen to come to the attention of ICE. And obviously, you can't use an expired GC to reenter the US (at least not without major hassles, just as a USC will encounter major hassles trying to enter with an expired US passport.)

But no, she should be just fine. The I-90 will get her a new card - no additional paperwork should be necessary.

Edited May 12, 2011 by HeatDeath

[Brother Hesekiel 2,236]

The Green Card is the document proving an LPR's status as a resident in the US. Its expiration does not impact the LPR's status itself. To illustrate this a bit better, understand that a US citizen is still a US citizen if his US passport is expired.

For that very reason, applying for a new card has no adverse effects. In fact, due to the high cost of $450 for a new Green Card, many LPRs--and I know 2 of them personally--choose not to renew their cards until they really need it. When do they "really" need the Green Card? When traveling internationally. Understand that even for employment purposes, showing a state-issued driver's license in combination with an unrestricted SS card will fulfill the requirements of the I-9 form every newly hired employee has to fill out.

If your SIL carries her latest Green Card with her, and the wildest, most unusual situation happens, something like an ICE raid where she works with black helicopters everywhere, her expired card would still be sufficient to identify her as a resident, not an illegal alien. One swipe of the card and the computer screen brings up her life story.

So not to worry, your SIL is not alone.