Lost and Expired Permanent Resident Card

[peternott]

What is the name of your state (only U.S. law)? California

I lost my permanent resident card a while back without realising it, and it also must have expired in 2007. Without checking into it thoroughly I sent an application for a renewal of my lost card which has now been denied as it wasnt done within the 90 days required from expiration. I recieved a letter saying my status was automatically terminated and I can file for a motion to reopen on form I-290B.

I am very worried that I will end up deported, I am currently happily married to the woman I met and immigrated to meet 5 years ago, currently in a good job and everything was starting to turn around after 4 years of struggling to make ends meet. Will a motion for re-open which also has a hefty price tag allow me to stay with my wife in the country? Should I seek legal advice? Any help or advice would be greatly appreciated.

 

[evcalyptos]

What is the name of your state (only U.S. law)? California

I lost my permanent resident card a while back without realising it, and it also must have expired in 2007. Without checking into it thoroughly I sent an application for a renewal of my lost card which has now been denied as it wasnt done within the 90 days required from expiration. I recieved a letter saying my status was automatically terminated and I can file for a motion to reopen on form I-290B.

I am very worried that I will end up deported, I am currently happily married to the woman I met and immigrated to meet 5 years ago, currently in a good job and everything was starting to turn around after 4 years of struggling to make ends meet. Will a motion for re-open which also has a hefty price tag allow me to stay with my wife in the country? Should I seek legal advice? Any help or advice would be greatly appreciated.

How did you initially get your Permanent Resident status? How long was your last Green Card valid for?
If you got it through marriage to a US citizen, and the card was valid for 2 years only (not 10), the text below may explain your problem.

In fact, reading again, I think this is what happened to you. You failed to file form I-751 to remove conditions in the 90 day window before your 2nd anniversary as a PR.
You then incorrectly filed for a renewal card, when you were not entitled to one.

It's not impossible to file I-751 so late, but there must be extenuating circumstances, which you don't seem to have. There was recently a widower posting here in that situation, but he had a valid reason, where you do not.

At this point, you've been out of status for quite a time now, and yes, you should seek some legal help before filing anything else. You may find that your wife needs to re-petition you, and you file for a new adjustment of status (extreme measure). You will need to find out the current state of your status, and you should not do that on your own without understanding the potential consequences (removal aka deportation).

When to Renew a Green Card
You should renew your green card if you are a permanent resident with a Form I-551 valid for 10 years and the card is either expired or will expire within the next 6 months.

Note: If you are a conditional resident and your status is expiring, these instructions do not apply to you. In that case, you must use Form I-751, Petition to Remove the Conditions on Residence, to apply to remove the conditions on your permanent resident status. For more information, see the “Conditional Permanent Residence” link to the left.

From uscis.gov

 

[peternott]

Thank you for the quick advice, I did consult with legal help through work and will likely be submitting I-751 through their legal offices, hoepfully all will go well.