11/09/2005

In old days, a green card (I-551) was issued for indefinite validity. But this changed. The permanent residents are issued a 10-year valid green card which is required to be reissued when it expires.

However, people should realize that the plastic green card is just a symbol and evidence of the permanent resident status and not a document that determines the permanent resident status of an alien. Even if the green card is lost or expired, it does not affect the status of the alien's permanent resident. 

The government issues a limited period (10-year) valid green card , not for the purpose of readjudicating the eligibility of the alien's permanent resident status but for the purpose of removing vulnerability of the indefinite valid green card to counterfeiting. Accordingly, even if the 10-year green card expired, the permanent resident is entitled to return to their permanent home in the U.S.

Despite the foregoing policy, the inspectors at the airport from time to time either cut or clipped or mutilated the green card with the warning to the returning permanent resident that he/she should apply for reissuance. Now, DHS says that this is wrong and has issued an instruction to the CBP officers at the ports of entry not to cut or clip or mutilate the expired green card. Of course, such policy is not intended to encourage the permanent resident not to apply for a new card when their I-551 expires. They should apply for a new card to avoid any hassles by submitting the Form I-90 with the filing fees.

The foregoing policy does not apply to the Conditional Permanent Resident Card which is valid only for two years. These conditional residents with the expired conditional resident card need an evidence that their conditional resident status has been extended.

 

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