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  1. #1
    Join Date
    Nov 2011
    Posts
    10

    Default Consequences of Not Renewing Your Green Card

    I have a loved one whose green card expires in 8 months. What are the possible consequences if he doesn't renew it before it expires? He has had his green card for 10 years, he has not left the country and doesn't plan to. How long after expiration does it become a problem from an INS/BCIS standpoint?

    Thanks,

    Rebeccah

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Consequences of Not Renewing Green Card

    The green card itself expires - but his residency does not expire.

    To simplify it, the green card is basically nothing more than proof of his legal residency. There are no penalties for letting it expire without renewing, but he may face awkward hiccups if he's traveling, or when he's trying to get a job.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Consequences of Not Renewing Green Card

    As Doggy says, the LPR doesn't expire. However, it is a crime for an alien to be present in the US without a current card. It is an "issue" the day it expires if he's still present in the US. Of course, they're not likely to come looking for him to find out why his card is expired. He may find things get sticky if he gets involved with law enforcement for some other reason and this issue comes up. Obviously, trying to reenter the US without one is going to be sticky as well.

    Why doesn't he want to renew? I know it's $450, but hell, it's only $45 a year essentially.

  4. #4
    Join Date
    Nov 2011
    Posts
    10

    Default Re: Consequences of Not Renewing Green Card

    Recent DUI plea that is a) 4th DUI since entry in the country in 1992; b) 3rd DUI in 10 yrs, resulting in enhanced penalties (California); c) probation violation for a previous DUI in 2012.

    Wondering whether to call attention to himself in light of all the DUIs and the probation violation. He is mostly self-employed, so current ID, though giving him more leeway in job opportunities, is not the chief concern.

    If he renews late, will they likely "come after him" for not having a current card in the interim?

    Renewing late gives time for
    a) completing any term of confinement (expected to start next month) before getting an appointment for fingerprinting
    b) starting or completing any probation period before having to explain himself at an interview
    c) interviewing immigration lawyers

    Thanks,

    Rebeccah

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Consequences of Not Renewing Green Card

    Ah, nothing like providing all the important details.

    He should start by getting an attorney. A habitual criminal like him definitely needs a good one versed not only in criminal law but also immigration law.
    He also should seek professional help for his alcohol problem. His record is going to catch up with him if he waits or not. He's definitely got some 'splainin' to do whether he is on probation or not.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Consequences of Not Renewing Green Card

    Oh jeez.

    Right, okay then. One DUI does not automatically trigger either deportation proceedings or inadmissibility.

    Several DUIs can lead to one, neither or both.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Consequences of Not Renewing Green Card

    Four DUIs and a PROBATION VIOLATION (which is a crime on its own).

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Consequences of Not Renewing Green Card

    Yeap. Under California law he's habitual.

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