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I have a two part question regarding permanent residence, immigration status and effecting citizenship status..etc

White Plains, NY |

I have been a permanent resident for about 10 years. However my permanent residence card expired (About 7 months ago) Without my knowledge..However, to renew and the fees associated I am not able to afford at the moment..Should I have to worry about deportation, etc? If it says "permanent resident" on the green card, than why does it expire? Also..I was arrested over 5 years ago for driving with a suspended license (without my knowledge), and convicted as a misdemeanor. Around the year 2005. If I wanted to apply for citizenship, will it effect it in any way? Or it should be no issue since it has been years ago and I have not been arrested since..(No felonies or anything to that extent) Only car tickets, speeding etc..

Attorney Answers 3

Posted

1. It says permanent resident because your status does not depend on whether the card has expired. You life, does, however, as you will not be able to travel abroad with expired card, apply for a renewal of a driver license in NYS and some other important functions. While I understand that your traveling abroad is not important, after all, you cannot afford it anyway, the DL renewal may be.
2. To apply for citizenship you do not need to renew your card. You can just filed N-400 with expired card, whether it expired with or without your knowledge. However, if you file I-90 for renewal of the card, you will have to complete that process before you petition for naturalization.
3. Driving without license is a serious matter since it involves public safety. However, given the fact that this occurred more than five years ago and provides that you will not get into more trouble in the process, it should not be a disqualifier for your naturalization.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

Your Lawful Permanent Residency status does not expire, only the plastic evidence of that LPR did, therefore, you are not subject of removal (previously known as deportation).
Your arrest and a Misdemeanor conviction of "driving with a suspended license" is not a Crime of Moral Turpitude and does not prevent you from seeking U.S. Citizenship by N400 Naturalization application process. Just obtain a Certified Disposition of this traffic matter with shown completion from that court and include that with your N400 package.
I suggest filing for your U.S. Citizenship as extending your LPR card would be a waste of your money.

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Posted

1. Permanent residence does not expire, only the card does.
2. probably will not affect you, but you will need the arrest report and court disposition.

The Court of Appeals for the Fifth Circuit has stated that "federal immigration laws are exceedingly complex"

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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