Passport/Green Card Question !!!UPDATE!!!

[akshatp]

My wife is a UK citizen with a EU passport, but cannot find her green card.

We are traveling to England next week... Does anyone know if the green card is required to gain re-entry to the USA for those carrying a UK (EU) passport?

EDIT: Unbelievable. After an exhaustive search, we found the Green Card. Joy!! BUT WAIT. This morning I looked at it and realized its EXPIRED!!! It expired on 01-06-07.

I am going to fill out the I-90 form to have it renewed, but there is no way it will be processed by next week. Will she be able to travel with an expired GC????

EDIT #2: Spoke to a USCIS official. They said I could e-file for a renewal and travel with the expired green card and a copy of the completed I-90 form and the receipt for proof of submission to USCIS. Will update when we get back whether or not she gets arrested or not LOL.

 

[Tuktuk]

state.gov

 

[kami333]

Yes, trying to come back in without your greencard is a huge no-no (ie coming in as a tourist), they may view it the same as relinquishing it. I know if you lose it in another country you can apply for a letter that will get you back into the US, takes a couple days and a few hundred dollars.

 

[gsethi]

yes, they will need you to have your green card to gain re-entry into the US. Isn't there a law that you should be carrying your Green Card with you at all times (like your DL) ??

 

[BoomerD]

What do you mean "Can't find it"? I thought she was required by law to have it in her posession at all times?
TECHNICALLY, one of the fine folks at INS or whatever fvcking acronym they use nowdays )USCIS) could haul her in and keep her until it could be proven that she was in the country legally...
From Wikipedia:
"The card must be in the possession of the U.S. permanent resident at all times. This means the U.S. permanent resident must have a currently valid card on their person at all times, to show to a USCIS officer, if requested"
and from the USCIS site:
"Permanent Resident Card
The Permanent Resident Card, Form I-551, is issued to all Permanent Residents as evidence of alien registration and their permanent status in the US. The card must be in your possession at all times. This requirement means that you are not only required to have a currently valid Form I-551 at all times, but also that you must carry your currently valid Form I-551 on your person at all times. The Permanent Resident Card currently is issued with a 10-year validity. You status as a Permanent Resident does not expire with the 10-year validity. Only the card expires. The card is only valid up to the expiration date and must be renewed before it expires.

A Conditional Permanent Resident is issued a card valid for two years. In order to remain a Permanent Resident, the Conditional Permanent Resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The condition must be removed or you lose your permanent resident status. (See Form I-751 and Form I-829.)"

 

[akshatp]

But arent UK citizens allowed to enter the country without a visa or anything?

 

[ngvepforever2]

It'd be pretty stupid to try to exit the US without her greencard. She must carry it at ALL TIMES. If she lost it. She needs to apply for a replacement as soon as possible. Even if a UK citizen can re enter without a VISA, USCIS knows that she has a greencard and they could think that she gave it up, as others have mentioned is a big no-no.

ng

 

[Mill]

Originally posted by: ngvepforever2
It'd be pretty stupid to try to exit the US without her greencard. She must carry it at ALL TIMES. If she lost it. She needs to apply for a replacement as soon as possible. Even if a UK citizen can re enter without a VISA, USCIS knows that she has a greencard and they could think that she gave it up, as others have mentioned is a big no-no.

ng

Yep. You will really screw things up if she doesn't have it, because they will view it as her giving up her claim to Residency.

 

[akshatp]

Thanks for all of the replies... Will have to keep searching for it.. Its somewhere in the house.

 

[akshatp]

OP Update!

 

[FrustratedUser]

Hmmm... expired Green Card. That's not good in any way.

 

[Midlander]

Don't you get some sort of warning when it's going to expire?

 

[HigherGround]

expired or lost, as far as the law is concerned it really doesn't matter. You should straighten this out before leaving the country ... well, unless you want to ditch your wife and come back as a free man

 

[bobdelt]

UK citizens can enter this country without a green card. She can easily say she is going for the weekend - but she would probably need paper documents proving that - which wouldnt be hard to make. Of course this is illegal. American custom agents are dicks - but i dont think there should be too much problem coming from the UK.

 

[ngvepforever2]

If it's expired you'll need to apply for a replacement (fill out, as you know, the I-90 form)
These are the current processing times :

Processing Times

As you can see, for the I-90, it is in June 2006 so I doubt she'll be able to leave the country next week.

ng

 

[akshatp]

Originally posted by: bobdelt
UK citizens can enter this country without a green card. She can easily say she is going for the weekend - but she would probably need paper documents proving that - which wouldnt be hard to make. Of course this is illegal. American custom agents are dicks - but i dont think there should be too much problem coming from the UK.

That is exactly what I thought, but some think otherwise.

I myself have both a UK passport and a US passport, and I have traveled to England and back using just my British passport many times without a problem.

 

[SKORPI0]

Originally posted by: akshatp
Will she be able to travel with an expired GC????

Greencard renewal

Green Card holders (permanent residents) with expired Green Cards may be considered "out of status" and may be denied entry into the United States

 

[kranky]

What happens when she tries to re-enter "for the weekend" and says nothing about the card, and the computer spits out she is an expired green card holder?

That sounds like a worst-case scenario to me.

 

[ngvepforever2]

Originally posted by: akshatp

Originally posted by: bobdelt
UK citizens can enter this country without a green card. She can easily say she is going for the weekend - but she would probably need paper documents proving that - which wouldnt be hard to make. Of course this is illegal. American custom agents are dicks - but i dont think there should be too much problem coming from the UK.

That is exactly what I thought, but some think otherwise.

I myself have both a UK passport and a US passport, and I have traveled to England and back using just my British passport many times without a problem.

It can be done, but USCIS policies are a pain and as the last poster said, an expired greencard and using her UK passport will only make things worse once she comes back.

ng

 

[akshatp]

UPDATE: Spoke to a USCIS official. They said I could e-file for a renewal and travel with the expired green card and a copy of the completed I-90 form and the receipt for proof of submission to USCIS. Will update when we get back whether or not she gets arrested or not LOL.

 

[FoBoT]

good luck dude