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edeva

Green card expiry, what to do?

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A friend wants to know what happens now that his green card has expired some 1 yr ago? He now wants to have the green card renewed and then apply for citizenship, what is the way forward? Thanks....

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If the green card was not a conditional one, then the status that it represents does not expire. The card itself will expire (generally ten years from date of issue), but the status doesn't. Your friend can just renew the card.

See the USCIS page on Green Card Renewal:

Who Should Renew a Permanent Resident Card?

You should renew your permanent resident card if you are a permanent resident who was issued a Form I-551 valid for ten years, and that card is either expired or will expire within the next six months.

How Do I Apply to Renew My Permanent Resident Card?

If you are a lawful permanent resident whose ten-year I-551 has expired or will expire within the next six months, you may renew your card by filing an Form I-90.

On the other hand, if the status was conditional, then not just the card, but the status itself has an expiration date. Conditional residents must file for removal of conditions before the expiration date. If that date has already passed without filing for removal of conditions, your friend is out of status and subject to deportation. He might still be able to file for removal of conditions if he can prove that his delay in filing was reasonable, but I'd suggest checking with an attorney. It may be easier to start over and get new status from scratch than to remove conditions from the old status, but then again, maybe not.

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