Many people are carrying an expired green card right now. It's easy to go unnoticed. By law, permanent residents must carry a valid green card at all times. When a green card expires, it’s natural to procrastinate before renewing it. But an expired green card can have some costly consequences.
The problem is that very little can substitute for a green card. When you need it, you’ll really need it. Although you will not lose your permanent resident status due to an expired card, it will create some major problems. Use Form I-90, Application to Replace Permanent Resident Card, to renew an expired green card. But get started early. We recommend starting the renewal process six months prior to the expiration date on your card because processing times are lengthy. CitizenPath makes the process easy and affordable. You'll be ready to renew in a few minutes.
Table of ContentsPermanent residents, age 18 years and older, are legally required to carry their green card with them. The Immigration and Nationality Act (§264(e)) states that all permanent residents must have “at all times” official evidence of permanent resident status. A photocopy is not acceptable. If found guilty of this misdemeanor, the penalty set by law is a fine of up to $100 and up to 30 days in jail.
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
The reality is that it’s unlikely you’ll be ever be stopped and arrested for failing to carry your green card. But before you decide to leave the house without your green card, consider the consequences. There have been cases where permanent residents were detained or arrested during workplace enforcement actions for not having their green card on them. If you are traveling abroad, you absolutely must take your green card to ensure safe reentry to the United States.
If you've lost your green card, replace it as soon as possible. There are numerous problems created by a missing or expired green card.
There are a variety of ways that an expired green card can create an issue for permanent residents. Here's a list of five everyday problems that result from an expired card and some of the possible solutions:
When starting a new job, your employer is required to submit a Form I-9 for each new employee. The I-9 is used to verify your identity and permission to work within the United States. Most lawful permanent residents will be required to present a valid green card to satisfy the “List A” document requirements. Per the I-9 instructions, a newly hired employee must complete and sign the I-9 “no later than the first day of employment.” If you present a green card that’s expired, employers should not accept it. This will be a major problem starting your new job.
When you file Form I-90, USCIS will respond with a receipt notice within 2-4 weeks. An I-90 receipt notice will automatically extend the validity of your card for a period of 24 months (beyond the existing card expiration date). This letter is officially known as Form I-797C Notice of Action and arrives within the first few weeks of the I-90 processing time line. Use the letter in combination with the expired green card. Together, they are valid proof of your permanent residence while USCIS processes your new green card. If you've lost your card, you can use an I-551 stamp inside a valid passport as proof of your permanent residence. The I-551 stamp is a valid List A document. However, don't wait until you get a job offer. Both of these solutions will take 2-4 weeks. Your employer likely will not wait that long.
Keeping a job with an expired green card may be impossible in certain occupations. Most states require you to have a valid green card before granting you a professional license. Professional licenses are necessary for a variety of occupations including real estate agents, insurance agents, various brokers, healthcare, law and many more. Without the professional license, the individual cannot do his or her job. It’s vital that persons in these professions prevent their cards from expiring.
Traveling outside the United States with an expired green card can be even more risky. For starters, some airlines won’t board a passenger with a green card that has expired. U.S. law requires airlines to check for proof of permanent residence before boarding. You may also be required to have a valid passport.
To re-enter the United States, the Customs & Border Protection (CBP) officer will require valid proof of your lawful permanent resident status. An expired green card is not considered valid proof of permanent resident status, and you should expect a major delay. In the worst cases, this could result in being refused entry. In most cases, it means a long delay and an expensive reentry fee. Your permission to re-enter the U.S. is at the discretion of the CBP officer. Don’t take any chances.
If your green card has expired prior to traveling abroad, there is a solution for getting fast temporary proof of permanent resident status. Start by filing the green card renewal application (Form I-90) as soon as possible. As mentioned in a previous section, the USCIS receipt notice will extend the validity of your card for a period of 24 months beyond the card's expiration date. Carry the expired card and the letter together as proof of your status. This is sufficient evidence of permanent residence for your re-entry.
In some cases you may have made all the proper arrangements but find that you don’t have a valid green card for re-entry. Each year, hundreds of travelers have their green cards lost, stolen, damaged or simply realize that it has expired. If your transportation carrier does not allow you to board with an expired green card, you will need to prepare Form I-131A, Application for Carrier Documentation, and submit it in person at the nearest U.S. embassy or consular office to request a boarding foil. This process generally takes about 7 to 14 days. Upon returning to the U.S., you will still be required to renew your expired card by using Form I-90, Application to Replace Permanent Resident Card.
