Hi, my name is Mario Godoy and I am the founder of Godoy, law office where we help immigrants achieve their American Dream. Today I want to answer a common misconception I hear all of the time. If my green card is expired does that mean I’m no longer a legal permanent resident? The first thing to understand is that a green card itself is just a travel document. It serves to enter in and out of the US and functions very similarly to your passport. If your passport expires, it does not mean that you’re no longer a citizen. However, it is important to know that there are two types of legal permanent residents that are given out by the government.
The first is a conditional legal permanent residency. In this instance, you will receive a green card that will expire within two years and the only way to continue being a legal permanent resident is to file a form i-751 joint petition to remove your conditions. With your spouse, this joint petition should be filed within 90 days of the expiration of your green card. You can also file an AI 751 waiver on your own if you cannot file the joint waiver. If you fail to do either, then you will lose your legal permanent residency. Now, once you’ve been awarded your legal permanent resident card without conditions, then you have the right to live and work in the US for the rest of your life. Your green card will serve as a travel document that must be renewed every 10 years and importantly an expired green card in this instance does not cancel your legal permanent residency. Now, should you have any questions on your green card or any next steps in your immigration case, please do not hesitate to call us.
