My Green Card Expired, Did I just Lose My Status?

An expired or expiring green card can be concerning for anyone that depends on it for proof of their right to live and work in the United States. If your green card has expired, the possibility of losing your status is heavily dependent upon the type of green card that you currently possess, (i.e., a conditional green card or a ten-year green card) and whether you've complied with the requirements for maintaining your status. Among other factors, criminal convictions and extended trips oversees are all potential bases for losing your status; however, an expired green card alone should not be a cause for concern (unless you are a conditional green card holder). As discussed below, the type of green card matters when it comes to dealing with an expired card.

CONDITIONAL GREEN CARDS

Conditional green cards are most commonly issued to non-citizen spouses of U.S. citizens who are married for less than 2 years prior to applying for legal permanent resident status. These green cards are only valid for two years and a petition must be filed to "remove the conditions" before a ten-year green card can be issued. In order to remove the conditions on your green card you must file an I-751, Petition to Remove Conditions on Your Residence within 90 days of your green card expiration date. For individuals with conditional green cards, if you do not file the petition and allow your card to expire, you will effectively lose your status as a green card holder and must start the entire process over again, including paying the expensive filing fees.

The petition process for removing conditions is not necessarily difficult, so complying with the requirements in the petition, attending the interview and receiving an approval will remove the conditions and allow for issuance of a ten-year green card. Once your petition is approved, you no longer have to worry about any conditions on your green card and may renew every 10 years, per the below.

TEN-YEAR GREEN CARDS

For everyone else, the ten year green card is the standard and an expired card will not jeopardize your status. However, it is important that you renew your card as soon as possible to avoid any complications with your job, traveling or any other circumstance that would require you to show proof of status. Within 6 months of your green card expiring, you may file the I-90, Application to Replace Permanent Resident Card (Green Card), to renew your card. Currently, due to excessive wait times, a copy of your receipt notice (I-797) and your expired or expiring green card are sufficient to show proof of status, should you be required to do so.

If you have any questions about the green card renewal process or petitioning to remove the conditions on your green card, and would like to set up a consultation, please schedule one today using the button at the top of our website or by giving us a call. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.