Immigration Q and A

BY ATTORNEY PAUL CHOI

(Paul Choi is an immigration attorney practicing in Encino, California. As a public service, he will answer all questions regarding immigration and naturalization for free either by mail, email, on the phone, or in person.  The following is one such question and the answer by Mr. Choi.)

QUESTION: I am planning a trip to the Philippines for Christmas but I noticed that my green card will expire in January, 2011. When must I renew my green card? Can I travel without it being renewed? How long does it take and what must I do?  Will I have problems getting it renewed if I have an arrest?

Answer: A permanent resident card (green card) is generally valid for ten years although some of the older green cards as they used to be called, had no expiration date. You need to renew it prior to its expiration by filing Form I-90, Application for replacement of alien registration card with the USCIS. The same form is used when you want to change any biographic information on your card i.e. if your name has changed due to marriage and also when you lose your card and need a green card replacement.  If you travel outside the U.S. with an expired card, you could have problems re-entering the U.S. if your card has expired. It is advised to have your card safely in hand before departing the U.S. and your card must be valid when you re-enter this country.  It is very simple to renew the alien registration card and it does not require an interview of any sort. However, you will be required to submit new photos, have fingerprints taken and the USCIS will run an FBI check to be sure there are no grounds to deny your extension of residency.  Remember that since the government is running an FBI clearance, any criminal matters will be revealed. If you have a conviction, especially one involving a felony, (a serious crime,) or a misdemeanor involving drugs or what is called moral turpitude, you should definitely speak with an experienced immigration attorney before filing anything with the USCIS.  Having a conviction for a crime can affect your right to remain in this country and can trigger a deportation proceeding and even your arrest.

A conditional permanent resident should not be mistaken for a permanent resident. A conditional resident who obtained conditional residence based upon marriage to a U.S. citizen that is less than two years in duration will get a green card that is valid only for two years. He/She has to remove the conditions during the 90 days before the card expires. The conditional card cannot be renewed. The conditions must be removed or else he/she will lose his/her permanent resident status. A conditional resident has to file Form I-751 to remove the conditions. Once removed, the conditional permanent resident will receive a permanent resident card valid for the next ten years.

Per U.S. Citizenship & Immigration Services (USCIS, formerly the INS), if your Permanent Resident Card (green card) has less than six months of remaining validity, you must renew your card prior to filing an application for naturalization.

After you send the completed I-90 application to the USCIS, you can expect to receive an Application Receipt Notice with a 13-character Application Receipt number within 30 days. This Receipt Notice is the proof that USCIS has received your application and that it is being processed and it is proof that you are a permanent resident while the application is pending. You may use the number on the receipt to check the status of your application while it is pending. You will also be notified about your fingerprinting appointment. The entire green card replacement processing time varies but can take several months so plan ahead before you plan to leave the U.S.  If you fail to renew your permanent resident card it does not mean that you have lost your permanent residence as you can always file the application to renew your card late. Just don’t travel outside the U.S. with an expired card or you are asking for problems upon your return.

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(Atty Paul Choi will answer all questions regarding immigration, naturalization and deportation defense for FREE. Contact him at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or at 818 714-2226. He is located at 16000 Ventura Blvd, Ste. 1201, Encino, California 91436.) ■