Is my son in law an illegal immigrant? 4 Answers as of June 09, 2011

My son in law's family came here from Korea many years ago after he was born there. His green card expired 10 years ago and no one ever took care to renew it or anything. He just recently found out that it was even expired. Now they don't have the money to renew it. Is he in danger of being deported? If someone reported him to INS would he be deported? What if he were to be pulled over for a ticket or something, could he be deported then or arrested for this? Does he need a lawyer for this or is it just a matter of paying a fee to get it renewed? I am fearing the worst but he does not seem to think it is a big deal. Thanks for all the help you can give me.

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Fong & Associates
Fong & Associates | William D. Fong
His permanent resident card has expired, not his permanent residence. The best way to think about it is if your US passport expires, you are still a US citizen. He should immediately file for a replacement card, with Form I-90, and then consider filing for US citizenship.
Answer Applies to: Texas
Replied: 6/9/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
He is not an illegal immigrant since the thing that expired was the green card and not his status as a permanent resident. He definitely should get it renewed since that's the evidence he is here legally. He needs to file form i-90 with a filing fee of 450, a copy of his residency.
Answer Applies to: Florida
Replied: 6/9/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
If your son-in-law had a 10-year card issued, there is no problem, unless he has a criminal history. If no criminal history, he simply needs to file for a replacement. It is best to consult with an attorney. His status is still a green card holder, until a judge says otherwise. (Just like you do not lose your US citizenship just because your passport has expired). If he has a criminal history, he absolutely must consult with an attorney as he may be in a very precarious situation - Renewal of the green card involves fingerprinting which will reveals any criminal history and might cause a notice to report to the immigration court for removal (deportation) proceedings. If your son-in-law had a two-year card, and it expired, this is different from the 10-year card expiring. This means he has no current status. Best to consult with an attorney who can evaluate the best way to proceed. Good luck.
Answer Applies to: California
Replied: 6/8/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
The card is just a card. It is simply evidence that person has permanent resident status. It expires, but the status does not. You are required to have a valid one and carry it around with you so it should be renewed. He would not be deported for just having an expired card.
Answer Applies to: Virginia
Replied: 6/8/2011
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