If your green card has expired, you may be wondering if you can still apply for citizenship. We’ll answer that in this article. Without much ado, let’s go straight to the answer.
Absolutely! Yes, you can apply for citizenship even if your green card has expired. Be aware that although you are qualified to apply for citizenship, there are some difficulties while you wait.
All Americans who are permanent residents receive green cards.
These green cards often allow you to seek citizenship after a set period and expire every ten years.
Although it is necessary by law for permanent residents to always carry a valid green card, this rule is regularly broken.
It is very easy for your green card to expire and go undiscovered. Given that renewing a green card currently costs $540, it’s no wonder that many permanent residents let their green cards expire.
As long as you are a permanent resident, your status is not lost if your green card has expired.
You will not lose your immigration status; however, the physical card that demonstrates it may no longer be valid for many purposes.
Before requesting citizenship, the federal government does not require you to hold a current green card.
What are the Problems Associated With An Expired Green Card?
When your green card expires, this causes further difficulties, even though you still have the status of a permanent resident and can still qualify to apply for citizenship.
We’ll go over a couple of scenarios where not having a valid green card can cause problems.
1. Violation of the Law
According to the law, any permanent resident 18 years of age or older who is detected without a valid green card can be charged with a misdemeanor crime and face a fine of about $100, or 30 days in jail.
2. Obtaining Employment
Permanent residents must disclose their green card information to employers for tax purposes to work in the United States.
Although it is against the law for employers to recruit you without a current green card, this rule is occasionally broken.
With a temporary I-551 stamp on a foreign passport, you can still confirm your identity without a current green card, but this stamp will cost you money and take longer than usual.
3. Returning to the United States
If you have an expired green card and leave the country, reentering the US will be far more difficult.
Initially, you are not allowed to fly on an airline without a true green card. The body enforcing this known as
US Customs and Border Protection requires that all non-citizens provide legitimate documentation of lawful permanent residence.
In the worst-case scenario, an expired green card may result in denial of entrance. Most of the time, it will result in lengthy delays and high readmission fees.
4. Purchasing a House
Permanent residents generally have access to the same housing mortgages that citizens do.
As a permanent resident, you must provide proof of your lawful permanent residency to be able to get house loans
Because it can take 10-12 months to renew an expired green card, it can throw a significant wrench in the gears of your housing plans.
5. Getting Your Professional License
Some occupations necessitate professional licenses, which can be difficult to get without a valid green card.
Many states demand a valid green card for certification in professions such as real estate agents, healthcare professionals, lawyers, insurance agents, and so on.
Furthermore, most governments forbid people from practicing these occupations without a professional license.
Renewal of a Green Card
If your green card is about to expire in less than six months, or if it has already expired, you must renew it before applying for citizenship.
The process and, more significantly, the forms you file will differ depending on the sort of green card you have.
Permanent Resident
Your permanent resident card is good for ten years if you are a permanent resident. Form I-90, Application to Replace Permanent Resident Card, must be filed to renew.
Conditional Residents
Conditional green card holders will have their cards expire two years after they were issued. Residents must file a Petition to Remove Conditions of Residence within 90 days of the expiration of their card.
Conditional residents can choose between two forms:
- If you are married to an American citizen or permanent resident, you must file Form I-751, Petition to Remove Conditions of Residence Based on Marriage.
- If you were granted residency based on investments made by you or a family member, you must file Form I-829, Petition by Entrepreneur to Remove Conditions.
FAQS
Does an expired green card change my residency status?
An expired green card does not affect your legal permanent residence status. It is proof of that legal status in the eyes of the government. However, having an expired green card can present complications.
When do I have to apply for naturalization?
The USCIS stated that you can apply for naturalization if your green card is six months or more from expiration, i.e., if you are qualified to file for citizenship. To renew, use Form I-90, Application to Replace Permanent Resident Card, only when you have renewed your green card.
If my Green Card expires, am I breaking the law?
Green card holders over the age of 18 who let their card expire “shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or imprisoned not more than 30 days, or both.”
Can I Get a New Job if My Green Card Has Expired?
Yes, you can. However, there is a need for your employer to verify some legal work.
USCIS Form I-9, Employment Eligibility Verification, is part of the verification procedure. This form necessitates that your employer examine your proof of immigration status.
Not having a valid green card may cause problems with your new employer.
Conclusion
Don’t give up if your green card has expired or is about to expire. Use the method provided by the USCIS to replace your green card.
Form I-90 filing instructions can be found here. Form I-90 is easy enough that many people can complete it without the assistance of an attorney.
However, if you believe you require the services of an attorney, please contact any of the legal offices in the United States. Make sure you make a proper and detailed review of who you are contracting with.
