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In this article we will discuss what factors can prevent an individual from getting their Green Card renewed including:
- The applicant committed a crime that made them deportable under 8 USC 1227
- The incorrect fee provided, incorrect application form, or not following the process
- The applicant submitted false or fraudulent information
- The applicant has been ordered removed from the Country
A Legal Permanent Resident (LPR) can choose to not naturalize once their green card expires. This generally happens at the end of the green cards 10-year period, with the exception of conditional permanent residents who need to apply for the removal of their conditions 90 days (about 3 months) before their second year expires since these documents are issued for only 2 years. An LPR can apply for a green card renewal around 6 months before their current card is expiring. This is advisable especially if there is international travel coming up for the applicant or if their employer has made them aware that they require an unexpired document from them for their I9’s on file. However, if the LPR does not renew their green card, nothing special happens. A green card holder does not lose their status upon the expiration of their LPR card, unless the LPR abandons their status, commits a crime and leaves the country, is ordered remove, among other things.
Renewal is relatively straightforward; however United States Citizenship and Immigration Services (USCIS) can choose to not renew your LPR document. In this article, we will be discussing the reasons why USCIS may choose to not renew your green card.
The applicant committed a crime that made them deportable under 8 USC 1227
One of the reasons why an LPR may have their renewal declined is because they committed a crime that has made them deportable. USCIS can find about crimes that were committed by the applicant during the fingerprint appointment. This appointment serves as a background check on the applicant, and USCIS will receive a list of the criminal activities that the applicant is charged with committing. Please keep in mind that most minor misdemeanors and traffic tickets are unlikely to be enough to intrude into the renewal process. However, major crimes such as murder, human trafficking, drug trafficking, committing firearms offenses, crimes of domestic violence or against children, and other major criminal activity could derail the opportunities of the applicant of getting their green card renewed. If you or someone you know finds themselves in this situation, please give us a call to 630-324-6666 to speak with an immigration attorney about your options for renewal.
The incorrect fee provided, incorrect application form, or not following the process
An LPR may also have their application denied if they submitted the wrong form, submitted the wrong fee for their renewal, or did not follow the process to obtain a green card. For instance, as part of the process, USCIS may require that an applicant go and take a biometrics appointment. If the applicant does not get their biometrics taken, this could give USCIS sufficient reason for not renewing the green card and rejecting the application. Submitting the wrong fee, not submitting a fee at all, applying for a fee waiver and getting denied, could all be reasons why a green card applicant may be denied as well. Lastly, submitting the wrong form could cause a denial. There are two main ways to renew green cards: Removal of conditions (I-751) or the actual green card renewal (I-90). The renewal of conditions can only be used by 2 year conditional permanent residents to remove the conditions on their green cards. Once this happens, these applicants will receive a new 10 year green card. Meanwhile, people who were already LPR’s without conditions, need to use form I-90 to renew their green card.
The applicant submitted false or fraudulent information
All information submitted in an immigration application is submitted under penalty of perjury. Also, there are pieces of required information that USCIS needs to make a decision. An applicant should provide only truthful information while applying for their renewal to avoid getting into future problems with USCIS. We only have one recommendation concerning immigration submissions: be truthful.
The applicant has been ordered removed from the Country
If you were ordered remove from the Country, USCIS is unable to issue you a renewal green card since the underlying status is no longer there. Once a person is ordered deported, their status as a legal permanent resident is revoked. This means that for all intents and purposes they became undocumented. Upon the order of deportation, the applicant should leave the Country and obey the order of the judge if they are not appealing that order of deportation. However, USCIS is able to emit a new green card if it expires while the deportation proceedings are still ongoing. Once the order of removal is issued, USCIS will not be able to renew the underlying document.
There are other reasons for why USCIS may not renew a green card. However, the reasons above cover most of the reasons why USCIS may choose to deny a renewal. If you or someone you know wants to renew their legal permanent resident card (green card) and they have questions about the process, please give us a call at 630-324-6666 to speak with an immigration attorney about your options for renewal.
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