Green Card Status

Question:

Should I apply for a new, dated green card? How would the immigration agency view such an application if the card I carry is still valid? Am I right in thinking that even if my card is outdated, I still retain my status as a Permanent Resident?

Answer:

I have a couple of questions regarding the status of my green card.

I'm British, but my wife and son are U.S. citizens. I received Permanent Resident status (and card with photo and fingerprint) in 1987. I'm aware that modern green cards have an expiry date, but I have never had problems with identification until just recently. From what I've read (I've checked the immigration agency's webpage, etc.), my card is still valid. However, when we returned from a trip to the UK a couple of weeks ago, the immigration officer made a point of criticizing my green card, and hinted that I should acquire an updated version, and that I might have problems re-entering the country in the future, although he never said that the card I carry is invalid.

Seems that you "should" apply, according to USCIS (was INS) rules: http://uscis.gov/graphics/howdoi/replace.htm

"You will need to replace your permanent resident card if: (among other things) You have a previous version of the alien registration card (e.g., USCIS Form AR-3, Form AR-103, or Form I-151 - all no longer valid to prove your immigration status) and must replace it with the current permanent resident card (Form I-551)"

The no-expiration cards are all now 10-year cards, presumably to keep them more secure.

You may also be eligible to apply for naturalization: http://uscis.gov/graphics/services/natz/index.htm

If you'd like to read the 'whys', here's what some of your fellow posters wrote recently: http://britishexpats.com/forum/showthread.php?t=256841

The GCs issued in the 80ies are I-551s, and at this point, they don't expire, so the don't have to be replaced.

That is not true. I-551s issued in the 80ies without expiration do not need to be renewed at this time. See http://uscis.gov/graphics/publicaffairs/questsans/00.12GREENCARD_QA.htm "Q. Do I need to renew my Green Card if it was issued between 1979 and 1988 and does not have an expiration date? A. No. Green Cards issued between 1979 and 1988 do not have expiration dates and do not need to be renewed at this time. INS will develop an orderly plan for replacing these cards at a future time."

I never would've thought to keep reading re: 80s. There's the power of the discussion group: mass brain power!

I had a similar experience on 16 June 2005 upon re-entering the US in Cincinnati, OH (my card is from 1981-no exp. date). The immigration officer told me that my card had expired (and was about to direct me to some office to pick up a "package"), when he (prompted by my question "how was I supposed to know that?") checked with a colleague, the colleague said that it was ok to "let me through" if my card was still in good (mine looks new) shape..... My officer argued with him and said "I thought we were told that the "no-date cards" were no longer valid?" The other guy said that it was ok to wave me through......(huh?)

At the end of this thread, there's a link to http://uscis.gov/graphics/publicaffairs/questsans/00.12GREENCARD_QA.htm which still has the following Q/A: Q. Do I need to renew my Green Card if it was issued between 1979 and 1988 and does not have an expiration date?

R. No. Green Cards issued between 1979 and 1988 do not have expiration dates and do not need to be renewed at this time. INS will develop an orderly plan for replacing these cards at a future time.

I have NOT found anything more current than that on any website (has this "orderly plan"been developed?), so I called the USCIS and after listening to many options I heard ONE mention of replacing expiring GC's or a GC WITHOUT AN EXPIRATION DATE. I talked to someone (@#$%^), who insisted that I too need to replace my card and when I asked him when this was publicized he insisted that I should have heard it on TV or read it in the paper (grrrrrrrrr - that phone call was REALLY helpful...NOT!!).... In the final analysis I don't mind replacing my card because (needless to say) I have changed just a bit in the last 24 years ;) , so to be on the safe side I did e-file to replace my card (so as NOT be hastled again next time I come back from Europe.....:() This is costing me a cool $255 and I will have to replace it again in 10 years, unless I decide to become a US citizen in the mean time (which will cost me a few $$ too)..

Can someone enlighten me and show me when the USCIS "IN-validated" the "no-expiration" date GC's??

And you do not lose British citizenship when you become a US citizen. It often makes sense to have the same nationality as the rest of your family.

There is a tax filing obligation when overseas, however you don't run the risk of loseing your status in the US by living overseas (very easy to do). While in the US, there may be estate tax benefits if you become a US citizen.

If one's record in the US isn't "whiter than white" (eg any criminal convictions) then it's important to get advice from a good immigration attorney before applying for naturalisation.

The original poster's son is probably a British citizen by descent as well as a US citizen.

Forget calling anybody at CIS. The people who answer the "mis-information" line are actually not even CIS employees. The phone "service" is outsourced. My understanding is that the link you quoted is still the last official word from CIS. Oh, and of course, "hearing it on TV or reading it in the paper" is completely irrelevant. Any official announcement has to be made in the Federal Register (http://www.gpoaccess.gov/fr/). If such an announcement is made, lawyers will know about it, and make it known. Since nobody has posted any such information, I think it is pretty safe to assume that there has been no change.