EXPIRING GREEN CARDS

If you are planning to travel outside the US but you discover that your Green Card will expire soon, do you have to cancel your trip? Probably not. Today we’ll talk about two groups of Permanent Residents: those who have filed to remove the conditions on a “conditional” two-year green card, and those who have a “permanent” 10-year Green Card. 

Conditional Residents: CIS issues two-year “conditional” green cards to those who received permanent residence on the basis of marriage to a U.S. citizen, when the marriage occurred less than two years before the green-card approval. To get a permanent Green Card, CIS requires an I-751 form for marriage-based conditional residents. CIS must receive the I-751 no earlier than 90 days before the green-card expiration date, and no later than the date the card expires. The failure to file on time results in automatic termination of permanent residence.

After your I-751 has been submitted, CIS can take many months to make a decision and while the I-751 is pending, the Green Card may expire. Should you be worried? No. As long as the I-751 was filed on time, your status as permanent residents is automatically extended until USCIS makes a decision on the petition. CIS will send a receipt informing you that your status has been extended for one year, but actually your status is extended until CIS completes processing of the application.

Can you make an international trip while the I-751 is still pending? Generally, the answer is “yes.” But you may need to take additional steps depending on when you plan to re-enter the US.

If you will be re-entering the U.S. within 6 months of the date USCIS receives the I-751, you will re-enter the U.S. by showing your expired green card and a copy of the I-751 receipt notice.

If you will be re-entering the U.S. more than 6 months after the date on your

I-751 receipt, it is risky to rely on the expired green card and the receipt notice. To eliminate any reentry risk from these trips, you should get formal proof of their status from their local USCIS office in the form of a “green-card stamp” in their passports. To get one of these stamps, they would make an InfoPass appointment with their local office through the USCIS website (https://infopass.uscis.gov/). They would bring their expired (or expiring) green card, the I-751 or I-829 receipt notice, and proof of their travel plans. They are automatically entitled to the green-card stamp, which will be valid for 12 months.

You should avoid any trip outside the U.S. of 6 months or more unless you have a Re-entry permit.

Unconditional Permanent Residents: Unconditional permanent residents have green cards valid for 10 years at a time. Note that the expiration date on the green card is NOT the expiration date of permanent residence—it is just the expiration date of the PROOF of your permanent residence. That is because a permanent resident will remain a permanent resident until he or she voluntarily relinquishes the green card, or becomes a U.S. citizen.

To obtain continuing proof of permanent residence, you would apply for a replacement green card by filing a Form I-90 with USCIS. CIS customarily takes many months to process I-90s. But unlike I-751s, the I-90 receipt notice will NOT serve as proof of your status for travel abroad.

So if your permanent (unconditional) Green Card has expired and you want to travel abroad, you will need to get a temporary green-card stamp in your passport if you want to travel while CIS processes your I-90 application.

To obtain a temporary green-card stamp, you will first need to file an I-90 application (which can be done electronically or on paper). Then you will need to make an InfoPass appointment with the local USCIS office through the USCIS website (https://infopass.uscis.gov/) and bring the expired card and the I-90 receipt to the appointment. You should automatically be issued a stamp valid for 12 months.

Even if you have no plans to travel internationally, you should file for a replacement green card. Permanent residents are required by law to carry current evidence of permanent-resident status.

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Q.1. What if permanent residents with an expired 10 year card want to apply for Citizenship?
A.1. Permanent residents cannot apply for naturalization (U.S. citizenship) with an expired card. In fact, they must apply for a replacement card if the original card will expire less than 6 months before they submit their naturalization application.

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Q.2. What if a permanent resident loses his Green Card while visiting Vietnam?
Permanent Residents who lose their Green Card while in Vietnam, should contact the Immigration & Customs Enforcement (ICE) office in Ho Chi Minh City immediately.
Their service hours are from 9:00 – 11:00 a.m. on Monday and Thursday and they are located on the 8th Floor, Diamond Plaza, 34 Le Duan Street.

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Q.3. What if the US citizen spouse of a conditional permanent resident does not want to cooperate when the I-751 form needs to be filed?
A.3. In some situations, the alien spouse can file the I-751 without the participation of the sponsoring spouse.
 

ROBERT MULLINS INTERNATIONAL www.rmiodp.com www.facebook.com/rmiodp
Immigration Support Services - Tham Van Di Tru 

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