Consequences of Expired Green Card

[gypsyqueen 103]

Can someone please tell me the consequences of having an expired green card?  I know it is required for LPR to carry their green card at all times.  Can a LPR get arrested for having an expired green card?

Edited August 8, 2017 by gypsyqueen

[f f 725]

you are required to have proof of legal residency with you at all times (if over 18 years old) just as a drivers license can expire and no longer be used as proof of who you are the green card can expire too. the consequences can be a misdemeanor conviction against you since it is technically the law to carry it with you.

[geowrian 22,336]

If you are a conditional permanent resident and don't file for ROC by the time the card expires, then your permanent resident status could be terminated at any time. You still have your status until they decide to do so, but won't have proof of that status. You potentially won't be able to travel abroad and return (airlines may deny boarding without a valid travel document).

 

When you file for ROC, your receipt should state that it extends the validity of the green card by 1 year. Carry that paper with your green card as proof that the green card is not actually expired. If ROC is still pending when that 1 year is nearing expiration, you can make an InfoPass appointment to get an I-551 stamp to act as a temporary green card for another year.

 

As for the consequences of not carrying proof of your legal status, it's technically a misdemeaner with a fine or up to 30 days in jail. But neither is likely...it's just not a very pleasant experience to be detained or arrested.

https://citizenpath.com/carry-my-green-card-with-me/

[GreatDane 366]

If you're currently in ROC, which a lot of us are, you don't have to worry about your status being revoked. 

 

Once your Green Card and extension letter expires, your status is still valid. The only thing you don't have is proof which limits your ability to work and reenter the country. To get it all back on track, simply schedule an InfoPass appointment and bring your I797 and valid passport. If you don't have a valid passport, bring two standard passport pictures and they will make a document for you.

 

Immigration Officers haven't been consistent so you might get an additional year extension or six months. They might let you leave with your expired GC or they might take it. Either way - it's best to get that InfoPass appointment scheduled. They open new appointments each weekday around midnight or 2am. 

https://my.uscis.gov/appointment

[GreatDane 366]

Edit - I checked your timeline.

 

You are 100% good to go. My information will be relevant once you're 1 year post filing. The ETA is probably 2 years for your I751 to be accepted. In the meantime, use my instructions above when the 1 year mark from your I797 letter comes and keep your I797 letter somewhere super safe. At your current step in the process, all you need is that letter and you don't need to keep it in your wallet, etc. Just keep your GC in your wallet like always.

[gypsyqueen 103]

Thank you for all the response.  I was trying to explain to a family member that it is required for LPR to have a valid green card at all times.  Maybe I'll show him this and he will believe me. 

[Brother Hesekiel 2,235]

Only crazy stupid people carry their GC with them "at all times." The Green Card is needed for (1) international travel, in order to return to the United States, and (2) when going to the USCIS directly. For all other purposes, including work and I-9 form, a sane person, even a moderately stupid one, will carry what all people carry: their driver's license. I had two Green Cards, and they both lived all their lives in a locked Firesafe box inside a locked (vintage) Steelcase steel cabinet inside a locked room in my locked house.

 

Only federal agents in the line of duty can ask you for your Green Card. So, yes, if you are a drug or gun dealer and get frequent visits from the ATF, having your Green Card handy makes sense. Otherwise, not, like totally not.

 

To answer your question: nothing. The document expires, but not the status. I personally know folks whose GC expired many, many years ago, and they don't renew it because they don't want to spend the money before they absolutely have to. When do they have to? See 1) and 2).

Edited August 11, 2017 by Brother Hesekiel