What happens to a permanent resident who neglects to renew his permanent residence?

Asked 9 months ago - Chicago, IL

If he's been carrying the same card in his wallet for 20 years, and never looked at it, and never noticed it expired, what will happen to him?

Attorney answers (5)

  1. KiKi Maria Mosley

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . As long as the his permanent residence was not "conditioned" (the card was issued for a 10 year period) his lawful permanent residency has not expired, only the card has. Assuming there is no intervening criminal history on the resident's part he can apply to receive an updated card using form I-90 in a relatively straight forward process.

    If this person does have a criminal history OR the card in question was only issued for a two (2) year period it is in his best interest to contact an immigration attorney to discuss the possible issues that may be at hand.

    Best of luck!

    The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You... more
  2. Daniel Warren Thomann

    Contributor Level 15

    3

    Lawyers agree

    1

    Answered . The card is evidence of the permanent resident status, the card is not what makes someone a permanent resident, so while you have to renew the card, you do not have to renew the status (the status is, as the name suggests, "permanent"). He needs to file a Form I-90 to renew his card, but his failure to have done so should not affect him, at least from an immigration standpoint. I've attached a link to the USCIS page where he can file his Form I-90 online.

    If his green card was only valid for 2 years that would mean he was granted conditional residence. The condition on his residence would have been that he file a Form I-751 petition to remove conditions during the last 90 days of the 2 years that the card was valid for. The result of his failure to file a From I-751 is a bit more complicated, but as long as he hasn't been put into removal proceedings (deportation) he should be able to file his I-751 late. I would not recommend doing that without an attorney though. Good luck!

    The information above is general in nature and is not intended to create an attorney-client relationship between... more
  3. Gunda Johanna Brost

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with attorney Mosley. You should consult an immigration attorney in person to determine if you can simply renew the expired GC even at this time as it may not have expired if it was not a conditional type. Good luck!

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be... more
  4. Stephen D. Berman

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Nothing.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  5. William J Quirk

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . Likely no harm to the person. Have the person immediately file to receive a new permanent resident card and that person should not have any issues.

    William Quirk, Esq. Meehan & Quirk, LLC 354 State Street, Hackensack, New Jersey (201)968-0800 http://www.... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,131 answers this week

2,851 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,131 answers this week

2,851 attorneys answering