Is Your Green Card Expiring? What You Should Know Before You File for Renewal

Is your green card about to expire?

For many permanent residents, renewing a green card may seem like a simple process. However, not every green card holder should simply file Form I-90 without first reviewing their situation.

The type of green card you have, your travel history, criminal history, and other immigration circumstances can affect what you should do next.

Here are some important things to know before you file.

Do You Have a 10-Year Green Card?

If you have a regular 10-year Permanent Resident Card that is expiring or has already expired, you will generally use Form I-90, Application to Replace Permanent Resident Card, to renew or replace it.

An expired card does not necessarily mean that you have lost your permanent resident status. However, having an expired card can make it difficult to prove your status when you need to travel, verify employment, or provide evidence of your immigration status.

That's why it is important not to simply ignore an expiring card.

USCIS Now Provides a 36-Month Extension

An important change for green card renewal applicants has occurred.

As of September 2024, USCIS provides an automatic 36-month extension of the validity of certain Permanent Resident Cards for eligible applicants who properly file Form I-90 to renew their green card. (USCIS)

The Form I-90 receipt notice, together with the expired or expiring green card, can generally serve as evidence of continued permanent resident status during the applicable extension period.

This can be helpful if your renewal is still pending when your physical card expires.

But don't let the extension give you a false sense of security. You should still make sure that Form I-90 is the correct filing for your situation.

Do You Have a 2-Year Green Card?

This is one of the most important things to check.

If you have a 2-year green card, you are generally a conditional permanent resident.

A conditional green card is different from a regular 10-year green card, and you generally cannot simply renew it using Form I-90.

Depending on your circumstances, you may need to file a petition to remove the conditions on your residence, such as Form I-751 for certain marriage-based cases. (USCIS)

The timing and circumstances of this filing are important.

If your marriage has ended, your spouse will not file with you, or you have another complicated circumstance, your case may require a waiver and additional review in order to continue with renewal application.

If you're not sure whether you have a 2-year or 10-year green card, check your card before filing anything.

Your Green Card Renewal May Not Be Just a Renewal

Before filing, ask yourself whether you have any circumstances that could make your case more complicated.

For example:

• Have you spent long periods outside the United States?

• Have you ever been arrested or convicted?

• Have you had problems with your immigration status?

• Did you receive your green card through a complicated immigration process?

• Do you have a 2-year conditional green card?

• Have you had your green card for several years and may now qualify for U.S. citizenship?

  
  

These issues do not necessarily mean you cannot renew your green card. However, they may mean that you should speak with an immigration attorney before filing to help provide you the best renewal application packet for the USCIS.

Should You Renew Your Green Card or Apply for Citizenship?

If you have been a permanent resident for several years, your expiring green card may be an opportunity to ask a bigger question:

Do you still need to renew your green card, or could you be eligible for U.S. citizenship?

Some permanent residents may qualify for naturalization after five years as permanent residents, while certain spouses of U.S. citizens may qualify under a three-year rule if they meet the requirements.

Naturalization has additional requirements, so eligibility should be reviewed based on your individual circumstances.

Don't Wait Until Your Card Expires to Find Out You Have a Problem

For some permanent residents, renewing a green card may be straightforward.

For others, the expiration of the card may reveal a larger immigration question that should be addressed first.

Before filing, make sure you know which process applies to you.

If your green card is expiring, or you're unsure whether you should renew your green card or explore citizenship, contact our office to schedule a consultation.

Your next immigration filing should be based on your situation—not just the expiration date on your card.

At Burchett Law, PLC, we help permanent residents understand their options and navigate the appropriate immigration process. We can help you find the right option for you.

This article is for general informational purposes only and does not constitute legal advice. Immigration laws, forms, fees, and USCIS policies can change. Individual cases should be evaluated based on their specific facts.