Green Card expired while abroad - what to do?

[sv102 0]

I just realized today (2/27) that my Green Card has expired on 2/4. I happen to be abroad on business...

I'm confused what should I do now? Have I lost my permanent resident status? How do I apply for a new Green Card? How do I enter US again in tree days?

Thanks so much in advance for all the help!

[zyggy 9]

I just realized today (2/27) that my Green Card has expired on 2/4. I happen to be abroad on business...

I'm confused what should I do now? Have I lost my permanent resident status? How do I apply for a new Green Card? How do I enter US again in tree days?

Thanks so much in advance for all the help!

1) How could you ever let your card expire like that.... you haven't lost your PR status btw, unless you did something that could be interpreted as abandoning it. But you no longer have valid evidence of your status...

2) You're going to need to go to the consulate and ask for a re-entry permit of some kind that will allow you to reenter the US so that you can renew your card. Don't be surprised if they send you to the closest Overseas USCIS office to speak with them to renew it...

Edited February 28, 2007 by zyggy

[Nancy2015 2]

Sv102, was in a 2-year or a 10-year green card?

[Nanusia & Lukaszek 0]

Seems more like they were living abroad all the time, with the minumum once a yr visit to the states to keep the GC. At the airport on international flights, they check your green card before departure and would remind you, if during your trip it would expire... i know cause I worked for AA.

Also, having to renew your GC overseas takes 6-9 months longer than in the US! Have fun wherever you are, cause it will be a while before you return... and have some explaining to do with immigration when you do.

Edited February 28, 2007 by Nanusia & Lukaszek

[onesassygirl 0]

Speaking of expiring Green Cards...

I have a cousin who got his 10-year Green Card 15 years ago. Yes, it has been expired for 5 years and he has done nothing to renew it (I assume, for no particular reason other than he forgot about it and didn't think it of utmost importance to deal with when he did remember). He has had no problems getting hired with several employers and he does not travel out of the US so it is not an issue for him in this regard. He does not seem to be worried that it is expired; he doesn't seem to think it is a big deal.

Because he has failed to renew it for the past couple of years, does this mean he has abandoned it? Has he lost his PR status?

When I found out about it, and knowing what I know from VJ, I started coaxing his wife to start the ball rolling on renewing his card. I've helped them find the form to fill out and all that but I don't know if they've sent it in yet.

[sv102 0]

Sv102, was in a 2-year or a 10-year green card?

it was a 2 year card.

[sv102 0]

Seems more like they were living abroad all the time, with the minumum once a yr visit to the states to keep the GC. At the airport on international flights, they check your green card before departure and would remind you, if during your trip it would expire... i know cause I worked for AA.

Also, having to renew your GC overseas takes 6-9 months longer than in the US! Have fun wherever you are, cause it will be a while before you return... and have some explaining to do with immigration when you do.

Excuse me but, what makes you think that we haven't lived in the US all this time? Anyway, we've lived in the US all this time. I did some research and it seem that I'll just have to enter the US on a 90 day tourist visa, schedule an appointment with USCIS and file I-751 late.

[raymaga 25]

Man.... I sure wish I could be so lackadaisical!!!! I am obsessed with making sure nothing goes wrong with anything relating to immigration stuff. It took too long and cost too much money and too much energy to screw it up at ANY stage of the game.

I had my I-751 (Removal of Conditions) application filled out and ready to go almost a year before I had to send it in and I already have my N-400 filled out and ready to send in (and I can't send it in until this September).

I can't even imagine "forgetting" that your GC has expired!!!!!

Sorry if I can't be too sympathetic here..... get with the program people!!!!

[onesassygirl 0]

Man.... I sure wish I could be so lackadaisical!!!! I am obsessed with making sure nothing goes wrong with anything relating to immigration stuff. It took too long and cost too much money and too much energy to screw it up at ANY stage of the game.

I know, I'm the same way. But I'm glad that it doesn't seem to be too late for sv102.

I mean, I can imagine maybe forgetting to renew the 10-year card, but letting 5 years pass by to renew it?? I don't get it. Maybe it didn't really matter to him because his mom paid and did all the work for it when he got it. I think he got it when he was 15. But still, it's a responsibility. I mean, I love my cousin, but I will not be too too sympathetic if he has to get deported or whatever happens to people who let their GC expire for a long time.

[Nancy2015 2]

Speaking of expiring Green Cards...

I have a cousin who got his 10-year Green Card 15 years ago. Yes, it has been expired for 5 years and he has done nothing to renew it (I assume, for no particular reason other than he forgot about it and didn't think it of utmost importance to deal with when he did remember). He has had no problems getting hired with several employers and he does not travel out of the US so it is not an issue for him in this regard. He does not seem to be worried that it is expired; he doesn't seem to think it is a big deal.

Because he has failed to renew it for the past couple of years, does this mean he has abandoned it? Has he lost his PR status?

When I found out about it, and knowing what I know from VJ, I started coaxing his wife to start the ball rolling on renewing his card. I've helped them find the form to fill out and all that but I don't know if they've sent it in yet.

If a 10-year GC expires, nothing really happens. Your cousin won't be in any trouble at all, but of course, it's better to renew it - just in case

SV 102, I hope the info you got about entering on a tourist visa is correct, because I have never heard of it. Technically, if you don't file your I-751 on time, you lose your LPR status and you should re-apply for a green card. But I'm not a lawyer, so don't quote me on that.

I had my I-751 (Removal of Conditions) application filled out and ready to go almost a year before I had to send it in and I already have my N-400 filled out and ready to send in (and I can't send it in until this September).

Just make sure you double check before mailing it - they change these forms sometimes! Good luck!

[John & Annie 0]

Sv102, was in a 2-year or a 10-year green card?

it was a 2 year card.

You abandoned your status. You should of been clearly told that 90 days prior to the expiration of that card you need to file to lift conditions. If you don't do it, you will have abandoned your status.

That is the way i have heard the conversations, I may be wrong. I am sure lots of people will chime in.

[raymaga 25]

You can be late in filing, as long a you provide a "good reason" for the late filing. I'm not sure if "forgetting" is a good enough reason.

[WifeOHunkyJohn 2]

USCIS guide on Green Cards

Permanent Resident Card

The Permanent Resident Card, Form I-551, is issued to all Permanent Residents as evidence of alien registration and their permanent status in the US. The card must be in your possession at all times. This requirement means that you are not only required to have a currently valid Form I-551 at all times, but also that you must carry your currently valid Form I-551 on your person at all times. The Permanent Resident Card currently is issued with a 10-year validity. You status as a Permanent Resident does not expire with the 10-year validity. Only the card expires. The card is only valid up to the expiration date and must be renewed before it expires.

A Conditional Permanent Resident is issued a card valid for two years. In order to remain a Permanent Resident, the Conditional Permanent Resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The condition must be removed or you lose your permanent resident status. (See Form I-751 and Form I-829.)

The Permanent Resident Card (either unconditioned or conditioned) can be used to prove employment eligibility in the US when completing the Form I-9 for a new employer. It can also be used to apply for a Social Security Card and a state issued driver’s license. The card is valid for readmission to the United States if the trip was not greater than one year in length. If a trip will last longer than one year, a reentry permit is needed.

USCIS Removing Conditions

You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.

What if I am Late in Applying to Remove the Conditions on Residence?

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.

[Kez/JWolf 6]

Oh man.... you are in deep dodo.....

Effect of not filing. If this petition is not filed, you will automatically lose your permanent resident status as of the second anniversary of the date on which you were granted conditional status. You will then become removable from the United States. If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing.Failure to file before the expiration date may be excused if you demonstrate when you submit the application that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.

NOTE: If you or your spouse are currently serving with or employed by the U.S. Government, either in a civilian or military capacity and assigned outside the United States, mail your petition to the USCIS Service Center having jurisdiction over your residence of record in the United States. Include a copy of the U.S. Government orders assigning you and your spouse abroad.

looks like you will need to apply for a new visa and start all over again... hope your employer is understanding and your poor wife is in for a long wait for your return from a business trip...

Wow

Kez

[WifeOHunkyJohn 2]

Speaking of expiring Green Cards...

I have a cousin who got his 10-year Green Card 15 years ago. Yes, it has been expired for 5 years and he has done nothing to renew it (I assume, for no particular reason other than he forgot about it and didn't think it of utmost importance to deal with when he did remember). He has had no problems getting hired with several employers and he does not travel out of the US so it is not an issue for him in this regard. He does not seem to be worried that it is expired; he doesn't seem to think it is a big deal.

Because he has failed to renew it for the past couple of years, does this mean he has abandoned it? Has he lost his PR status?

When I found out about it, and knowing what I know from VJ, I started coaxing his wife to start the ball rolling on renewing his card. I've helped them find the form to fill out and all that but I don't know if they've sent it in yet.

USCIS renewing and greencard rules

I've quoted the bits that I think most helpful to your cousin, and anyone else wondering about the 10 year green card expiring.

What Does the Law Say?

Section 264 of the Immigration and Nationality Act provides that, "Every alien in the United States shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations." It also states, "Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him. Any alien who fails to comply with [these] provisions shall be guilty of a misdemeanor." The specific requirements and procedures for applying to renew an expiring permanent resident card are set forth in the Code of Federal Regulations [CFR] at 8 CFR § 264.5.

Who Should Renew a Permanent Resident Card?

You should renew your permanent resident card if you are a permanent resident who was issued a Form I-551 valid for ten years, and that card is either expired or will expire within the next six months.

How Do I Apply to Renew My Permanent Resident Card?

If you are a lawful permanent resident whose ten-year I-551 has expired or will expire within the next six months, you may renew your card by filing an Form I-90.

A Form I-90 can be downloaded from this site, or ordered by calling the Forms request line at 1 (800) 870-3676, or by submitting a request on-line. After receiving Form I-90, read it carefully. Detailed information is provided in the instructions for the Form I-90.

Applicants may also file Form I-90 on-line using an Internet connection. Please see Introduction to E-Filing for more information.

Can Anyone Help Me?

If advice is needed, you may contact the District Office near your home for a list of organizations who can assist you with the preparation and filing of your application. Please click here for more information on USCIS field offices; then, see the bottom of the About Us section for the field office serving your area for a listing of assistance organizations.

Hope that helps

Annie