Facts and Tips on Renewing Your Green Card

Q:    I just noticed that my green card expires in a few days!  Will I be out of status if I don’t renew the card before the expiration February 20-26, 2009  Can I renew it after it expires?

A:    You do not lose your lawful permanent resident status if you let your green card expire.  Your green card serves as evidence of your permanent residence in the United States, and your status remains even if the card expires.
However, you should keep your green card current at all times.  An expired green card cannot be used as proof of your legal ability to work for a current or prospective employer.  You may need to show a current green card in order to renew your driver’s license.  Your card should also be current if you plan to travel outside of the United States, and it should remain valid until you return.

If your card does expire, you are allowed to renew it after the expiration date.  There are no penalties or late filing fees for renewing late, though you will have to pay the standard filing fee of $290 plus $80 for biometrics.

Here are some tips for the renewal process.  Note that these tips apply to standard, 10-year green cards.  If your green card expires after only two years, you have a “conditional” green card that you received through marriage to a U.S. citizen or through your business.  Conditional green cards have a different, more complex renewal process.

First, make sure to submit your renewal application as early as possible.  Applications can be submitted up to six months before the expiration date on a green card.  This will ensure that U.S. Citizenship and Immigration Services will mail you your new card before your old one expires.  Waiting until the last minute may leave you without a valid green card while you wait for your application to be processed.

Second, be aware that all renewal applications are now filed by mail or on the Internet.  You cannot renew your green card at a local USCIS office any more.  Don’t show up at a local USCIS office and expect to have your green card renewed there.

Third, USCIS will take your fingerprints and photograph after the application is submitted, and a background check of your criminal history will be conducted.  If you have been convicted of a crime that makes you eligible for deportation since you received your last green card, USCIS might order you to appear at a deportation hearing.
Fourth, make sure to notify USCIS if you change your address, especially if you move while your green card renewal is being processed.  Address changes can be done at USCIS’s web site, by phone, or by mail.  USCIS needs to know where to send your new green card.

If you need proof of your permanent resident status while you are waiting for your new green card, you can obtain a temporary stamp in your passport from USCIS.  You can make an InfoPass appointment online to meet with an Immigration officer.  You must give a valid reason for needing the stamp, such as proof of employment or pending international travel.  Stamps will not be given without a valid reason.  The officer will place a 60-day stamp in your passport that will serve as evidence of your status.

If your green card does not have an expiration date, it is still valid.  USCIS has announced that all non-expiring cards will expire at some point in the future, but the expiration date has not been announced yet.  If you lose your non-expiring card, your replacement card will have an expiration date.

Your green card is an extremely important document that should always be kept current.  This will ensure your continued ability to live, work, and travel while in the United States.  Consult with an experienced immigration attorney if you have any questions about renewing your green card.

David A. Zuckerman is a licensed attorney admitted to practice law in California and the District of Columbia.  A graduate of the University of Southern California, cum laude, and The George Washington University Law School in Washington, D.C., David has years of experience in all aspects of immigration law, including visa and permanent residence petitions, naturalization, and appeals.  He is a member of the American Immigration Lawyers Association and the Los Angeles County Bar Association.  To schedule a free initial consultation with The Law Offices of David A. Zuckerman, please call toll-free (888) 800-8528.