Expired Green Card Creates 5 Big Problems

Replace/Renew Green Card Working in the U.S.

CBP officer holds expired green card at a port of entry

Many people are carrying an expired green card right now. It's easy to go unnoticed. By law, permanent residents must carry a valid green card at all times. When a green card expires, it’s natural to procrastinate before renewing it. But an expired green card can have some costly consequences.

The problem is that very little can substitute for a green card. When you need it, you’ll really need it. Although you will not lose your permanent resident status due to an expired card, it will create some major problems. Use Form I-90, Application to Replace Permanent Resident Card, to renew an expired green card. But get started early. We recommend starting the renewal process six months prior to the expiration date on your card because processing times are lengthy. CitizenPath makes the process easy and affordable. You'll be ready to renew in a few minutes.

Do I need to carry my green card with me?

Permanent residents, age 18 years and older, are legally required to carry their green card with them. The Immigration and Nationality Act (§264(e)) states that all permanent residents must have “at all times” official evidence of permanent resident status. A photocopy is not acceptable. If found guilty of this misdemeanor, the penalty set by law is a fine of up to $100 and up to 30 days in jail.

INA §264(e)

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 pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.

The reality is that it’s unlikely you’ll be ever be stopped and arrested for failing to carry your green card. But before you decide to leave the house without your green card, consider the consequences. There have been cases where permanent residents were detained or arrested during workplace enforcement actions for not having their green card on them. If you are traveling abroad, you absolutely must take your green card to ensure safe reentry to the United States.

If you've lost your green card, replace it as soon as possible. There are numerous problems created by a missing or expired green card.

5 Common Problems Created by an Expired Green Card

There are a variety of ways that an expired green card can create an issue for permanent residents. Here's a list of five everyday problems that result from an expired card and some of the possible solutions:

PROBLEM
1

Getting a Job with an Expired Green Card

When starting a new job, your employer is required to submit a Form I-9 for each new employee. The I-9 is used to verify your identity and permission to work within the United States. Most lawful permanent residents will be required to present a valid green card to satisfy the “List A” document requirements. Per the I-9 instructions, a newly hired employee must complete and sign the I-9 “no later than the first day of employment.” If you present a green card that’s expired, employers should not accept it. This will be a major problem starting your new job.

When you file Form I-90, USCIS will respond with a receipt notice within 2-4 weeks. An I-90 receipt notice will automatically extend the validity of your card for a period of 24 months (beyond the existing card expiration date). This letter is officially known as Form I-797C Notice of Action and arrives within the first few weeks of the I-90 processing time line. Use the letter in combination with the expired green card. Together, they are valid proof of your permanent residence while USCIS processes your new green card. If you've lost your card, you can use an I-551 stamp inside a valid passport as proof of your permanent residence. The I-551 stamp is a valid List A document. However, don't wait until you get a job offer. Both of these solutions will take 2-4 weeks. Your employer likely will not wait that long.

PROBLEM
2

Obtaining a Professional License

Keeping a job with an expired green card may be impossible in certain occupations. Most states require you to have a valid green card before granting you a professional license. Professional licenses are necessary for a variety of occupations including real estate agents, insurance agents, various brokers, healthcare, law and many more. Without the professional license, the individual cannot do his or her job. It’s vital that persons in these professions prevent their cards from expiring.

PROBLEM
3

Reentering the U.S. with an Expired Card

Traveling outside the United States with an expired green card can be even more risky. For starters, some airlines won’t board a passenger with a green card that has expired. U.S. law requires airlines to check for proof of permanent residence before boarding. You may also be required to have a valid passport.

To re-enter the United States, the Customs & Border Protection (CBP) officer will require valid proof of your lawful permanent resident status. An expired green card is not considered valid proof of permanent resident status, and you should expect a major delay. In the worst cases, this could result in being refused entry. In most cases, it means a long delay and an expensive reentry fee. Your permission to re-enter the U.S. is at the discretion of the CBP officer. Don’t take any chances.

If Your Green Card Expires Inside the U.S.

If your green card has expired prior to traveling abroad, there is a solution for getting fast temporary proof of permanent resident status. Start by filing the green card renewal application (Form I-90) as soon as possible. As mentioned in a previous section, the USCIS receipt notice will extend the validity of your card for a period of 24 months beyond the card's expiration date. Carry the expired card and the letter together as proof of your status. This is sufficient evidence of permanent residence for your re-entry.

If Your Green Card Expires Outside the U.S.

In some cases you may have made all the proper arrangements but find that you don’t have a valid green card for re-entry. Each year, hundreds of travelers have their green cards lost, stolen, damaged or simply realize that it has expired. If your transportation carrier does not allow you to board with an expired green card, you will need to prepare Form I-131A, Application for Travel Document (Carrier Documentation), and submit it in person at the nearest U.S. embassy or consular office to request a boarding foil. This process generally takes about 7 to 14 days. Upon returning to the U.S., you will still be required to renew your expired card by using Form I-90, Application to Replace Permanent Resident Card.

PROBLEM
4

Buying a House with a Loan

As a permanent resident, you are able to get most home mortgages using the same guidelines that apply to U.S. citizens. You are typically eligible for conforming, Fannie Mae or Freddie Mac, and FHA mortgage loans. But as a borrower, you must prove your permanent resident status by providing a photocopy of your green card (and typically Social Security number) to the potential lender.

Guidelines will vary by lender, but most mortgage lenders will require a current green card that has not expired. It can take several months to renew an expired green card. Avoid the hassles of an expired or expiring green card. If you are considering a home purchase, make sure you renew a green card that is expiring within six months. We routinely hear from people stuck in this situation.

PROBLEM
5

Renewing a Driver’s License with an Expired Card

Most states require that you show proof of residency and proof of legal presence. A green card is your proof of legal presence as a U.S. permanent resident. Remember, it takes several months to renew a green card. This oversight could leave you without driving privileges while you wait for the new card.

Each state has its own rules for driver’s licenses. Contact your Department of Motor Vehicles to determine what you need to provide to prove legal presence. In virtually all jurisdictions, you will not be able to renew your driver’s license using an expired green card. However, depending on your state’s requirements, you may be able to use the receipt notice or I-551 stamp as described above.

Check the expiration dates on your driver’s license and green card now.

Does an expired card lead to deportation?

When a green card expires, it does not change the permanent resident’s lawful status. The card expires, not the underlying legal status. Therefore, individuals with an expired green card are not removable (deportable) by immigration officials. An expired card will make life more complicated and generally add to the expense of resolving these problems. Permanent residents may be deported for certain offenses but not because of a green card that has expired.

One of the great advantages of becoming a U.S. citizen is the ability to travel with a U.S. passport. What’s more, you won’t have to worry about re-entry permits, green card renewal or any of the reoccurring expenses. The cost benefits of naturalization are staggering! The green card renewal fee keeps climbing. Use the Citizenship Cost Calculator to compare the cost of becoming a U.S. citizen to the cost of remaining a permanent resident.

Green Cards with No Expiration Date

Generally, a green card with no expiration date is valid, and you may use it to complete the Form I-9 when accepting new employment. USCIS has discussed implementing a policy requiring permanent residents to replace green cards that lack expiration dates, but they have not created the rule to this date. While more recent versions of the green card expire every ten years, valid green cards issued in the 1970’s and 1980’s may not have an expiration date.

Older green cards with no expiration dates can create other problems for travelers. If a CBP officer is unable to identify you from the old photo as the legal owner of the green card, you could be delayed until your identity is verified. For example, the officer may have difficulty recognizing you if the photo was taken when you were much younger. Another good reason to update your green card is if you travel frequently. Global Entry kiosks require newer green cards. The GE kiosks cannot read the old format green cards.

Expired Green Card Penalties

There are no penalties or fines for an expired green card. When a green card expires, you continue to be a lawful permanent resident. USCIS will not impose an additional fee or penalty. You will pay the same green card renewal fee. However, that’s not a reason to delay your renewal. Carrying an expired card (or no card at all) will eventually become a problem when it comes time to travel, get a new job, renew a driver’s license or other activities that require proof of permanent residence.

Conditional Green Cards

If you became a conditional permanent resident through marriage to a U.S. citizen or permanent resident, you have a green card that expires after two years. Do not use Form I-90 to renew a conditional green card. Instead of renewing it, you must file to remove the conditions on residence using Form I-751, Petition to Remove Conditions on Residence. It is extremely important that you file this form within the 90-day window before your green card expires. If you fail to do so, you can be removed from the country.

Likewise, conditional residents who obtained status through a financial investment in a U.S. business should not use Form I-90 to renew an expired green card. Investor permanent residents should use Form I-829, Petition by Entrepreneur to Remove Conditions.

About CitizenPath

CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that USCIS will approve the application or petition. CitizenPath provides support for Green Card Renewal (Form I-90), the Citizenship Application (Form N-400), and several other immigration services.

Source: USCIS

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