It expires every ten years, and you are legally obligated to carry a valid green card with you at all times. The attorney listings on this site are paid attorney advertising. The USCIS requests that you only apply for a green card renewal within six months of its expiration. So answering the question, yes, a green card renewal request can be denied. Conditional residents should only use I-90 if their card is lost, stolen, or damaged. Immigration officials processed the Expedited Removal paperwork at the time of crossing the border (which is different than refused entry). After checking your prints against various databases, USCIS will find out whether you have any crimes on your record since the last time it reviewed your file. No If you are a U.S. lawful permanent resident and have been convicted of a felony -- or indeed any crime -- renewing your green card will put you at risk of removal from the U.S. (deportation). Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. msyed@syedfirm.com
Under the Immigration and Nationality Act (INA) there is an extensive list of what crimes are deemed deportable. To check for any criminal records or immigration violations, the USCIS will send the collected data to the Federal Bureau of Investigation (FBI) where it will be checked against several law enforcement agencies databases. If your argument fails, you will likely lose your lawful permanent residency and be deported from the United States. Suite 825
So, it’s not to be confused. If you used a language interpreter, make note of it in your application, since translation errors are not uncommon. For example, as you might be aware, green card holders who stay outside of the United States for six months or more may face the risk of status or green card abandonment. U.S. lawful permanent residents must renew their green cards every ten years. The most common reason for a denial is that the applicant is no longer a permanent resident. [1] https://citizenpath.com/renewing-a-green-card-after-an-arrest/, [3] https://www.americanimmigrationcouncil.org/research/aggravated-felonies-overview, [4] https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-101/0-0-0-195.html, 1250 Connecticut Ave., N.W. Do not attempt to match the name of your crime against the above list without an attorney's help. Once denied, it is next to impossible to regain a renewal. Respond to every communication in a timely fashion, whether it be via email or phone. A crime that was not a deportable offense years ago could now elicit deportability. If they find something, they’ll flag it so the USCIS can review it along with your application. In this article, we’ll explain green card renewal denial in detail. The biometric information will include your fingerprints and recent photos. After filing the Form I-90, the applicant will receive a notice for the date, time, and location of their scheduled biometrics appointment. If it was a 10 year card, you can apply for a replacement. Form I-90 used for two different purposes, either to renew or to replace your green card. Generally speaking, any kind of crime is bad for your immigration status. Below is a list of types of offenses that could make you deportable when renewing a green card: The INA’s definition of “aggravated felony” can be misleading, as in many cases it includes crimes that are neither “aggravated” or a “felony.” Someone convicted of a crime not charged as a felony in their state could be still be seen by USCIS to have committed an aggravated felony and deported. This can be solved by setting up a payment plan. If you are a U.S. lawful permanent resident and have been convicted of a felony -- or indeed any crime -- renewing your green card will put you at risk of removal from the U.S. (deportation). Can I Renew My Green Card With A Felony On Record. Copyright ©2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. A permanent resident planning on traveling abroad should discuss with an attorney prior to their travels if a waiver of inadmissibility is necessary for reentering the U.S. Renewing a Green Card After an Expunged or Vacated Conviction. Here are some of the top reasons for a green … A felony conviction may make you subject to deportation. put you at more significant risk. The most common reason for a denial is that the applicant is no longer a permanent resident. The USCIS receives nearly 500,000 applications every year for green card renewals. Top 4 Reasons for a Green Card Renewal Being Denied. contains a long list of types of crimes that make a green card holder deportable. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. The decision of whether or not it was intentional is solely at the discretion of the USCIS and its investigation. If you, being a green card holder, missed the date on a few occasions, it can become a problem when you renew. Traveling doesn’t have any direct implication on your green card renewal, but it may have indirect consequences. Citizenship and Immigration Services (USCIS) will review any criminal records.[1]. It's far more complicated than saying, "You'll be deported with a felony." No cosigner required. The only exception is possession of less than 30 grams of marijuana, however this conviction could still lead to inadmissibility. That means that you'll have to appear before an immigration judge and defend yourself against deportation, very likely by arguing that your crime doesn't actually fit within one of the grounds of deportability (described below). Again, if you’re unsure of anything related to Form I-90, get in touch with a registered immigration attorney to help you out. To remove the condition, they are required to file I-751 or I-829 (for investors). Some expunged or vacated convictions may still be treated as convictions when renewing a green card. Our office can advise you on potential risks and options before filing a USCIS immigration form if you have any criminal history. There is a legal obligation for any legal permanent resident (over 18) to carry a valid green card with them. Which one to submit depends on how you obtained your green card. Why Is My Immigration Case Taking So Long? There are several crimes considered as deportable offenses, including some criminal offenses that lack a conviction. Furthermore, if you made a mistake that the USCIS concludes was intentional, then it will not award you with green card renewal. This information is then passed on to the Federal Bureau of Investigation (FBI) to check against its database. But you should absolutely consult with an attorney before submitting your renewal application. The best way to handle this is to update the USCIS of your absence and reasons for staying abroad. Privacy Policy, What to Know Before Renewing a Green Card after an Arrest, Form I-90, Application to Replace Permanent Resident Card, https://citizenpath.com/renewing-a-green-card-after-an-arrest/, https://www.americanimmigrationcouncil.org/research/aggravated-felonies-overview, https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-101/0-0-0-195.html, A crime of moral turpitude within five years of receiving a green card, Illicit trafficking in a controlled substance including drug trafficking crime, Illicit trafficking in firearms or destructive devices or in explosive materials, Money laundering or engaging in monetary transitions in property derived from specific unlawful activity if the funds exceeded $10,000, An offense in explosive materials or firearms, A crime of violence for which the term of imprisonment was at least 1 year, A theft offense or burglary for which the term of imprisonment was at least 1 year, Racketeering or gambling if the sentence of at least one-year imprisonment could been imposed, Owning, controlling, managing or supervising a prostitution business; transporting for the purpose of prostitution if committed for commercial advantage, or peonage, slavery, involuntary servitude, or trafficking in person, Gathering or transmitting national defense information, disclosure of classified information, sabotage, treason, or compromising undercover intelligence agent’s identities, Fraud or deceit in which the loss exceeds $10,000 or tax evasion in which the revenue loss to the government exceed $10,000, Alien smuggling, except in the case of a first offense for which the alien has affirmatively show that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien’s spouse, child or parent, Illegal entry into the U.S. by an alien who was previously deported on the basis of an aggravated felony conviction, Document fraud, falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument for which the term of imprisonment is at least 12 months; except in the case of a first offense for which the alien has affirmatively shown that the offense was committed for the purpose of assisting, abetting, or aiding the alien’s spouse, child or parent, Failure to appear for service of sentence if the underlying offense is punishable by imprisonment for 5 years or more, Commercial bribery, counterfeiting, forgery or trafficking in vehicles with altered identification numbers, if the term of imprisonment is at least one year, Obstruction of justice, perjury, or subornation of perjury, or bribery of a witness for which the term of imprisonment is at least one year, Failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which the sentence of 2 years’ imprisonment or more may be imposed, An attempt or conspiracy to commit an aggravated felony.
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