Green Card Renewal

A Lawful Permanent Resident (LPR) needs a Green Card to live and work in the United States.   Now, this is not to say that if a LPR’s Green Card is expired then he/she has lost their Permanent Resident status.  A loss of status is accomplished if the person voluntarily gave up their status or acted in a way that is contrary to one who wants to be a LPR of the United States, such as returning to their country of origin, indefinitely and/or permanently. 

Once a Green Card has been issued, it is valid for 10 years.  The expiration date is printed on the front side of card. Upon expiration, it must be renewed because it serves as identification.  The Green Card is official documentation of LPR status.  Without the Green Card, it is difficult to prove permanent residency, and this affects one’s ability to travel or to prove eligibility to work in the United States.

To renew the Green Card, a LPR must complete and file Form I-90 with USCIS.   A LPR can only file the renewal application if his/her card expires within the next six months or the card has actually expired.   

It is important to note that a Conditional Resident (CR) is not a LPR.   For example, if a foreign national became a CR through a marriage to a United States Citizen or LPR, and the marriage is less than two years old at the time residence is granted, the foreign national will receive conditional resident status with the conditional residence card expiring in two years.  The spouse-petitioner files Form I-751 to remove the conditions 90 days prior to the expiration date on the conditional residence card. Once the conditions are removed, the CR becomes a LPR.  After 10 years, the Green Card will expire and he/she will file the I-90.

Bottom Line: Pay attention to the expiration date, and seek the advice of an attorney if you have questions and your case and need help with the process.    

Mediation

Many jurisdictions require completion of mediation before a final hearing on the merits.  If there is a history of violence between the parties, mediation may not be feasible.  Absent domestic violence, mediation is an effective tool in divorce and family law practice.  Most cases filed are settled through mediation.

Unfortunately, one or both parties may be too angry to participate in the mediation.  Please understand that BOTH parties have to be willing to resolve their issues.  You cannot force someone to mediate. 

However, reaching an agreement may present a win-win situation.  You won’t have to deal with the stress of a trial, and it is less expensive than going to trial.  So, talk to your attorney about mediation. 

• Have your attorney educate you on mediation.
• Be open to it.
• Consult your attorney about the case outline and inquire into the other party’s position on facts and legal issues.
• Write out an outline of your major issues.
• Gather updated financial information, such as the financial affidavit and provide updated financial documents, i.e. most recent paystubs.
• Have a mediation notebook prepared with documentation supporting the value of each major asset or liability. 
• Have an idea of what kind of custody/child access schedule you’ve had in place or the schedule that you would like to have.
• Bring in any prior written agreements on any of the issues.

Again, keep an open mind.  Mediation is quite helpful.  It opens up communication between the parties and can set a tone of cooperation and resolving current and future disputes. 

If you do not have attorney involvement and can reach an agreement on your own, make sure it is reduced to writing and signed by both of you. 

Legal Disclaimer:   The informational content presented in my blog should not be used as a resource or considered legal advice.  These are my thoughts, and you should seek advice from a divorce and family law professional in the state where you reside.