green card renewals
& removal of conditions

Renewals and Replacements of Green Cards

Family-based green card petitions are some of the most common ways to obtain permanent resident status, but the process can depend on what the relationship is between the petitioner (the US Citizen or Permanent Resident sponsor) and the beneficiary (the foreign national who will be applying for a green card).

Why do green cards need to be renewed and when?

Green cards (other than conditional permanent resident cards, see below) are issued for a period of 10 years and therefore must be renewed every 10 years unless the person becomes a US Citizen, relinquishes permanent resident status, or abandons permanent resident status.

You can file the application to renew the green card within 6 months before the green card expiration date. Even if the renewal application is not completed before your green card expires, the Receipt Notice, along with your expired green card, will be valid proof of your green card status for a period of time.

If the green card expires does permanent resident status expire, too?

No, permanent resident status does not expire just because a green card expires. All the expires is the proof of your green card status.

Think of it like a passport ... just because a passport expires does not mean that you are no longer a citizen of the country that issued your passport. It just means that you no longer have valid, unexpired proof of your citizenship in that country. Same thing goes for a green card and permanent residence in the US.

The issue with an expired green card, then, is that you no longer have proof of permanent resident status to show employers, or the department of motor vehicles, or in other situations where proving your permanent resident status is crucial or necessary.

What if there is a mistake or typo on the green card? What if USCIS issued the green card but it was never delivered?

Mistakes or typos can sometimes occur on green cards, and the process for fixing those types of issues is similar to renewing a green card. Same thing happens when USCIS has issued the green card but you never received it.

The main difference, though, will be whether or not you have to pay the application filing fee. If the mistake or typo was the Department of Homeland Security/US Citizenship and Immigration Services' fault, there is no filing fee. If the mistake or typo is because you made the mistake in the forms that were filed or because you didn't update USCIS with your new address after you moved, you will have to pay the filing fee.

What happens if a green card has been lost or stolen?

If a green card has been lost, stolen, or destroyed, the process for replacing it depends on where the permanent resident is physically located at the time. Having a police report or other documentation will be helpful in the application process, as will having a copy of your green card saved in your physical or electronic files.

If you lose your green card or if it is stolen or destroyed while you are in the United States, the replacement process is very similar to the process for renewing the green card. If you are abroad when your green card is lost, stolen, or destroyed, you will need to first apply for a travel document or returning resident visa, and then when you return to the US apply for a replacement green card.

What is Conditional Permanent Residence? And who does it apply to?

If your green card application is based on marriage to a US Citizen or Lawful Permanent Resident, and you have been married for 2 years or less at the time that your application is approved and green card issued, then you will be issued what's called "conditional permanent residence."

You can think of this almost like the probationary period that employers use when hiring someone before they give them all of the benefits available to employees. In the immigration context, USCIS has determined that the marriage is a valid one, but it wants to make extra sure of it, so it will issue permanent residence on a conditional basis. This conditional residence is generally issued for a period of 2 years. Within the 90-day period before the 2 years expire, you must file a petition to remove the conditions on your residence, which is filed jointly with your US Citizen/Permanent Resident spouse unless one of these exception applies:

the marriage was entered into good faith, but your spouse later died;
the marriage was entered into good faith, but later ended due to divorce or annulment;
the marriage was entered into good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse;
your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent's US Citizen/Permanent Resident spouse or by your conditional resident parent; or
the termination of your permanent status and removal from the US would result in extreme hardship.

If any of these exceptions apply, then your petition to remove conditions must also include an application to waive or excuse the joint filing requirement.

If you fail to file the petition to remove conditions (either on time or at all), you will automatically lose your permanent resident status and become removable (deportable) from the US.