Individuals seeking to live and work permanently in the United States must understand that a green card, or permanent resident card, is not a one-time, permanent document. Instead, your green card comes with certain conditions and expiration dates that determine its validity. Our Duluth immigration lawyers at Barrios Virguez will explore the duration of a green card, factors that affect its validity, and options for maintaining permanent residency status in the United States.
When Green Cards Expire
Not all green cards are created equal. U.S. Citizenship and Immigration Services (USCIS) issues green cards in various categories. Each group has its own set of rules and eligibility categories, demonstrated as follows:
- Green cards with 10-year expiration dates: The most common green cards fall under this category and are typically issued to individuals who obtain permanent residency through employment sponsorship (EB categories) or certain family relationships (F3 and F4 categories). They are valid for ten years and require renewal to maintain permanent resident status.
- Green cards without expiration dates: Green cards issued between 1977 and 1989 do not have expiration dates printed on them and do not need to be renewed. However, they should be renewed if you apply for a Trusted Traveler Program, such as Global Entry and TSA PreCheck®, or if your photo was taken when you were a child.
- Conditional green cards: USCIS issues these green cards to conditional residents who obtain permanent residency through marriage to a U.S. citizen (CR-1 category) and are valid for two years. A petition must be filed within 90 days of your green card’s expiration to remove the conditional status and get a permanent green card.
- Children under 14 years old: Green cards issued to children under 14 are usually valid for a shorter duration than those issued to adults. Once the child turns 14, they must renew their green card and obtain a standard one with a ten-year expiration date.
According to the U.S. Department of Homeland Security, more than 12.7 million lawful permanent residents live in the United States. To avoid problems and continue legally living in the U.S., it is crucial that these individuals ensure they renew their green cards prior to their expiration date. An experienced immigration attorney in Duluth can help you understand the requirements for when and how to renew your green card.
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The Green Card Renewal Process
Renewing your green card is essential to maintaining your permanent resident status. Contact our Duluth immigration attorneys at Barrios Virguez for help with the renewal process. The renewal process for a green card typically involves the following steps:
- Eligibility check: Ensure you meet the eligibility criteria for renewal. This criterion typically involves not committing crimes that might jeopardize your status and maintaining ties to the U.S.
- Form I-90 preparation: File Form I-90, Application to Replace Permanent Resident Card, with USCIS. This form requires detailed information, supporting documentation, such as proof of permanent residency, a valid passport, and applicable fees.
- Biometrics appointment: Schedule and attend a biometric appointment to have your fingerprints and photographs taken.
- Application processing: USCIS will process your application, conduct background checks, and may request additional information or evidence if needed.
- Renewal approval or denial: USCIS will notify you of its decision on your application. Upon approval, you will receive instructions on how to obtain your new green card.
Factors that Affect Green Card Validity
Several factors can affect the validity of your green card and its expiration date. Understanding these factors is essential to maintain your status and avoid potential issues with immigration authorities. Factors to consider include:
- Travel outside the U.S.: Extended travel outside the United States can affect the validity of your green card
- Criminal activity: Engaging in criminal activity or violating the terms of your permanent residency status can result in the revocation of your green card and loss of permanent residence status.
- Abandonment of residency: Failure to maintain a residence and ties to the U.S. or prolonged absences from the country could result in the abandonment of your permanent residency status.
- Changes in marital status: For individuals with conditional residency based on marriage, changes in marital status, such as divorce or annulment, can affect the validity of your green card and the process for removing conditions on residency.
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Maintaining Permanent Residency Status
Maintaining permanent residency status in the United States requires green card holders to comply with specific requirements and obligations. An immigration lawyer in Duluth can explain these requirements so you do not risk losing your green card. Here are some tips for maintaining permanent residency status:
- Reside in the United States and avoid prolonged absences from the country.
- Renew your green card on time by filing your renewal application six months before it expires.
- Adhere to the United States’ laws and regulations.
- Keep your contact information and records updated with USCIS.
- Apply for naturalization to become a U.S. citizen.
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Problems Resulting from Using an Expired Green Card
The law requires you to always carry a valid green card with you. If caught carrying an expired green card, you can face several problems and consequences. These issues can include:
- A misdemeanor conviction, punishable by imprisonment and/or fines
- Refusal of re-entry into the United States
- Difficulty obtaining or keeping a job
- Problems obtaining a professional license
- Denial of a mortgage loan on a home
- Inability to renew your driver’s license
- Problems traveling
Your legal permanent resident status cannot change, and you cannot be deported by immigration officials for possessing an expired green card. However, you should not delay renewing your green card. Allowing your green card to expire can cause a variety of problems, so you should always renew it on time.
Consult with an immigration lawyer in Duluth
Green card regulations can be complicated, and navigating the renewal process or addressing potential issues with your permanent resident status can take time and effort. Our experienced immigration lawyers at Barrios Virguez can provide valuable guidance on assessing your eligibility for renewal, completing the required forms accurately, addressing complexities, and exploring citizenship. Schedule an appointment today to learn how we can help you meet your immigration goals.
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