Expired Alien card, I-90 or Citizenship for Teenagers

[iMean 4]

I am the guardian of two teenagers and I just found out today that their permanent resident card or I-90 has been expired since February 2014. The first teenager just turned 18 today, June 16, and the other one is turning 17 in September. Now, I'm not sure what to do. Should I have the 18 years old file for citizenship or both or them to renew their I-90. I know we have to renew their I-90s as soon as possible. I need ideas out there. Please help me. Thanks.

[Hypnos 6,577]

On what basis were they granted permanent residency? Do you have a court order establishing guardianship? Where are their parents?

[iMean 4]

The Mother and the two kids were petitioned by their grandparents. Unfortunately, their mom passed away last year and yes we have court order establishing the guardianship. When their mom passed, the kids did not want to move with their Dad who is in Italy.

[Hypnos 6,577]

What visa did the kids enter on? What is the category code on their green cards?

[iMean 4]

What visa did the kids enter on? What is the category code on their green cards?

The code in their green cards is F25.

[Harpa Timsah 13,258]

Did the mother ever obtain US citizenship? How long have they been in the US?

[iMean 4]

Did the mother ever obtain US citizenship? How long have they been in the US?

Unfortunately the mother was not a US citizen before she passed and they have been here since 2004.

[Hypnos 6,577]

If they've been here that long then they weren't conditional residents, which is good. Even though the eldest child's green card has expired, their LPR status is not expired. This is a good thing.

Both will will simply file I-90s (http://www.uscis.gov/i-90) and under Part 2, "Application Type", will select 2.f, "My existing card will expire in 6 months or has already expired".

They will each receive a biometrics appointment a few weeks after filing, and that will be very straightforward. After the new green card is received in the mail they can then apply for US citizenship if they wish, on the basis that they have been an LPR for at least 5 years. Obviously that will be the child's choice at that point (I use the word "child" but obviously at 18 the eldest child is considered an adult). Since I believe it's a requirement that they have valid green cards, they cannot file for US citizenship until their new green cards are received.

Edited June 16, 2014 by Hypnos

[iMean 4]

If they've been here that long then they weren't conditional residents, which is good. Even though the eldest child's green card has expired, their LPR status is not expired. This is a good thing.

Both will will simply file I-90s (http://www.uscis.gov/i-90) and under Part 2, "Application Type", will select 2.f, "My existing card will expire in 6 months or has already expired".

They will each receive a biometrics appointment a few weeks after filing, and that will be very straightforward. After the new green card is received in the mail they can then apply for US citizenship if they wish, on the basis that they have been an LPR for at least 5 years. Obviously that will be the child's choice at that point (I use the word "child" but obviously at 18 the eldest child is considered an adult). Since I believe it's a requirement that they have valid green cards, they cannot file for US citizenship until their new green cards are received.

Thank you so much, really appreciate it. So that means that filing a citizenship is not even an option since their I-90 has expired.

Just for curiousity, did you ever had an encounter where same situation as these kids and they totally forgot to renew their I-90. Is there a possibilty of deportation?

Thanks again and really appreciate it.

[Hypnos 6,577]

An I-90 is the form you file to replace a green card. Their status has not expired, only their green cards have expired. This is pretty low down on the totem pole of problems. If they had conditional (2 year) green cards then it would be much more of a problem, but they don't.

Given the facts as you have outlined them, and assuming there are no other negative factors (arrests, convictions, drug use, etc.) then there is zero chance of deportation. As I said, their LPR status is still intact, only their documents of that fact are expired.

It's technically a federal misdemeanor for an adult 18 or over not to be in possession of their valid green card, but those cases are not prosecuted.

Obtain new green cards for the two of them and there will be no issue. They should strongly consider filing for US citizenship as soon as their new green cards are in their hands.