Can I renew my Green Card with an expungement?

By author | July 20, 2022 |

Can I renew my Green Card with an expungement? According to the U.S. lawful permanent residents must renew their green cards every ten years. This doesn’t mean that you’re no longer a lawful permanent resident if your Green Card expires. Only the card expires, not your actual status and permission to be in the United States. In some cases, expunged and vacated convictions may be treated as convictions for purposes of immigration.

The simple act of renewing a Green Card after an arrest can expose serious problems for the applicant. Regardless of the type of crime, anyone with an arrest should consult with an immigration attorney before filing any USCIS immigration form.

A Green Card renewing after an arrest or criminal offense is preceded by U.S. Citizenship and Immigration Services (USCIS) review of the record of the permanent resident.

There are some crimes that can be deportable offenses. And some criminal offenses do not require a conviction to trigger inadmissibility for an immigrant. When renewing or replacing a Green Card, these crimes will be revealed to USCIS.

Examples of certain criminal activity that can make a person deportable or inadmissible without a conviction are:

  • Holding oneself out to be a United States citizen (even just on a job application);
  • Where there is reason to believe a non-citizen either was or is a trafficker in controlled substances;
  • Immigration fraud;
  • Marriage fraud;

Once a permanent resident files Form I-90, Application to Replace Permanent Resident Card, USCIS requires the applicant to pay the fee and go through a criminal background check. In fact, anyone with a criminal record must understand their situation before filing for a Green Card renewal.

So, Can I renew my Green Card with an expungement?

In general, an arrest should not stop a permanent resident from renewing or replacing a Green Card. In fact, there is a legal obligation for a permanent resident over 18 years of age to carry a valid Green Card. A valid Green Card is needed for obtaining employment, traveling abroad, and even renewing a driver’s license.

When renewing a Green Card after an arrest, the following types of offenses could make the green card holder deportable:

  • An aggravated felony;
  • A crime of moral turpitude within five years of receiving a Green Card;
  • Two deportable crimes at any time;
  • A sex crime;
  • A drug crime;
  • Domestic violence;
  • A firearms offense;
  • A fraud-related offense;

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