I-90 Green Card Replacement & Biometrics

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geomark

Registered Users (C)
Hi. I am currently a permanent resident and have had my green card since 1981. I am quite young at the time and was told by the DMV that I need to renew the card in order to renew my license.

My question is regarding the Biometrics. I have some concern because of a criminal case that occurred about 20 years ago. It was not a conviction but a no contest plea for a felony.

What issues can I see while trying to apply for a new green card and biometrics screening? Can I be held over for some type of deportation or face additional problems if I submit my application and go in for the fingerprinting?

Can anyone give me some advice if they are in a similar circumstance?

Thank you in advance.
 
geomark said:
Hi. I am currently a permanent resident and have had my green card since 1981.
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Did any of your parents become a US citizen while you were under 18? If yes, you might have become a US citizen automatically without knowing it.
I am quite young at the time and was told by the DMV that I need to renew the card in order to renew my license.
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You have a green card that doesn't have an expiration date, but the DMV still says you need to renew it? They might be wrong. Which state is it?
 
Yes, my dad was naturalized but I'm not sure if it was before my 18th birthday. I am trying to lookup that information. However, I read that if I was 18 in 2001 (which I was) this does not apply so I must apply for naturalization.

My GC does not have an expiration date and the DMV will not accept it, correct. The state is Nevada. I did read that it is not mandatory to renew if there is no expiration so what can I show the DMV for them to let me renew with my current GC?
 
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If the green card was issued before you turned 14, it is true that you are supposed to renew it, whether it has an expiration date or not.

Otherwise, you should not have to renew it. Look into your options for renewing the license online or by mail; many states allow permanent residents to renew online or by mail. That way you would avoid the uninformed clerks at the DMV counter. Or visit a different DMV office; you may find better-trained staff at another location.

Even before February 27, 2001 when the Child Citizenship Act took effect, it was possible to automatically obtain citizenship via your parents naturalization. It's just that the rules became different (less strict) on 2/27/2001. Find when your parents naturalized and we may be able to figure out which rule applied in your case.
 
Jackolantern said:
If the green card was issued before you turned 14, it is true that you are supposed to renew it, whether it has an expiration date or not.

Otherwise, you should not have to renew it. Look into your options for renewing the license online or by mail; many states allow permanent residents to renew online or by mail. That way you would avoid the uninformed clerks at the DMV counter. Or visit a different DMV office; you may find better-trained staff at another location.

Even before February 27, 2001 when the Child Citizenship Act took effect, it was possible to automatically obtain citizenship via your parents naturalization. It's just that the rules became different (less strict) on 2/27/2001. Find when your parents naturalized and we may be able to figure out which rule applied in your case.
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Jackolantern: Thx for all your help so far. I have not been able to get by these DMV clerks so far. I went to 2 offices for a total of 5 visits to get them to renew my DL. Any idea of where I can lookup the laws or what kind of proof I can take them to get them to renew my license? I just efiled the I-90 form. Maybe I can take that receipt as proof?
 
If the DMV won't accept your existing green card, they surely won't accept your I-90 receipt. However, you can make an Infopass appointment with an immigration office and take the I-90 receipt there and they will give you an I-551 stamp valid for 6-12 months. The DMV should accept the I-551 stamp, although they might make your renewed license expire when the stamp expires.

The Nevada DMV web site should have more details of what documents you need.
 
Where do they stamp the I-551, on the GC itself? Isn't the I-551 stamp only for a passport?

I just found this link stating my card is still valid:
www<dot>uscis<dot>gov/files/pressrelease/I551Replacement121107.pdf
I don't understand why the DMV won't honor this GC.
 
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I-551 is stamped on the passport, but the stamp along with the passport would give DMV a proof of legal status.
 
Another question: If I miss my biometrics meeting, will they still be able to proceed with any type of background check or will they just discard the application?

I am asking because I am trying to vacate a felony and do not want to do the biometrics until I get this taken care of.
 
geomark said:
Another question: If I miss my biometrics meeting, will they still be able to proceed with any type of background check or will they just discard the application?
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They won't be able to run the fingerprint check, but they can still run the IBIS check based on your name and date of birth.

Because your case was over 20 years ago when it was less common to report crimes to immigration, the IBIS check might not have it. The FBI would have it, but FBI name check is not done for green card renewals.
But I don't have a passport. Can I still get the stamp or is there something else I would need?
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Sometimes they will put a temp sticker on the existing green card to indicate the expiration date, or give you an I-94 with the stamp on it if you bring passport-sized photos (they will stick a photo onto the I-94). But they are less willing to do those things, and your local immigration office may or may not want to do it ... their preferred/standard method is to stamp the passport.

Are you unable to renew your license by mail or online?
 
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Jackolantern said:
They won't be able to run the fingerprint check, but they can still run the IBIS check based on your name and date of birth.

Because your case was over 20 years ago when it was less common to report crimes to immigration, the IBIS check might not have it. The FBI would have it, but FBI name check is not done for green card renewals.
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I really appreciate your advice. So, if I proceed with the biometrics, you are saying that they will not do an FBI check because it is a renewal? I was going to miss the biometrics appt on purpose if I couldn't get the case vacated in time but if they don't do FBI checks, I should be ok. Can you confirm this? This is my main concern.

Sometimes they will put a temp sticker on the existing green card to indicate the expiration date, or give you an I-94 with the stamp on it if you bring passport-sized photos (they will stick a photo onto the I-94). But they are less willing to do those things, and your local immigration office may or may not want to do it ... their preferred/standard method is to stamp the passport.

Are you unable to renew your license by mail or online?
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I am unable to renew my mail or online because it has been about 8 years since I got the card and they want me to come in person. So, if I don't have a passport, my only chance would be to take in a photo? I'm hoping they can place a stamp on the GC or give me some other kind of proof. I really need to have my drivers license.
 
geomark said:
I really appreciate your advice. So, if I proceed with the biometrics, you are saying that they will not do an FBI check because it is a renewal? I was going to miss the biometrics appt on purpose if I couldn't get the case vacated in time but if they don't do FBI checks, I should be ok. Can you confirm this? This is my main concern.
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They don't do FBI name checks for green card renewals. But they will do the FBI fingerprint checks if you give fingerprints. And the FBI has a record of almost every crime in America for which the suspect was fingerprinted.

Don't just blatantly miss the fingerprint appointment; ask for a reschedule by following the instructions on the fingerprint notice to request the reschedule.
I am unable to renew my mail or online because it has been about 8 years since I got the card and they want me to come in person.
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So you have to show up in person? Try a 3rd and 4th and 5th DMV office and bring your existing green card. Some people have success by doing that. And be assertive and aggressive. Ask for the supervisor if the clerk won't cooperate. Remind them that they are not immigration officers and they are not the final judge of immigration status. All you are asking is that they take a copy of your papers and verify them with the immigration authorities, who have more accurate information about immigration status.
So, if I don't have a passport, my only chance would be to take in a photo? I'm hoping they can place a stamp on the GC or give me some other kind of proof.
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Bring two photos and ask for an I-94 with the I-551 stamp.
 
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I have so many questions. I was just quoted about $4,000 to attempt to vacate my conviction. While I think I have a good chance, I don't have that kind of money up front. My only choices are to take a chance and go through with the biometrics, knowing they will find the conviction or attempt the vacate process.

My question at this point is if I go ahead and do the biometrics and worse case scenario they find the conviction and hold me over for deportation charges will it be too late to try and get a lawyer and fight it or should I just put up the money somehow and try and clear the charges?

Is this the normal fee charged for this type of case? I know I am being overcharged but also know I will need an attorney for this type of matter.
 
If they put you in removal proceedings, I suppose you could quickly apply to vacate the conviction and get the deportation suspended until a decision is made about vacating, considering that you were not informed (I assume) by the judge or defense lawyer of the immigration consequences of pleading No Contest. Check with another attorney regarding whether that is a viable strategy, and get the other attorney to also give you an estimate to apply to vacate the conviction (of course, don't tell them about the $4000 of the first one).

Some attorneys will allow you to make monthly payments, so it isn't always necessary to pay everything up front. Although it might be more difficult to get the attorney to agree to a payment plan for your situation, considering that if you lose you'll get deported and won't be around to make the payments.
 
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At this point, I am just going to go through with the biometrics and hope for the best. I am wondering if I should have just filed for naturalization since that would be my next step anyway. I have an infoPass appointment to speak with an officer, so that will be one of my questions.
 
Jackolantern said:
Even before February 27, 2001 when the Child Citizenship Act took effect, it was possible to automatically obtain citizenship via your parents naturalization. It's just that the rules became different (less strict) on 2/27/2001. Find when your parents naturalized and we may be able to figure out which rule applied in your case.
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I just found out that when my dad was naturalized, I was 16 years old. But this was before the law (Child Citizenship Act of 2000) went into effect (Feb/2001). You must have been under 18 on that date, which i wasn't.

Are there any other loopholes?
 
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Under the old rule, if both parents naturalized before you turned 18 and you were living with them in the US as a permanent resident, you would automatically become a citizen.

However, there was an exception: If your parents were not living together due to divorce or death or a legal separation, or they never got married in the first place, you could still derive citizenship if only one parent naturalized, provided that you were living with the naturalized parent and that parent had full legal custody.
 
geomark said:
At this point, I am just going to go through with the biometrics and hope for the best. I am wondering if I should have just filed for naturalization since that would be my next step anyway.
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The IBIS check and FBI fingerprint check only provide short summaries of each offense or arrest; unless it is something serious like rape or murder, it often is not possible to know if it is a deportable offense just by looking at the summary. Definitions of felony and misdemeanor in state law aren't the same as immigration law. So if it doesn't appear very serious from the summary, they often will just ignore it and grant the renewed card.

But when you apply for naturalization, you are required to submit court documents for each offense, so USCIS will see the details and they will have the lawyers and supervisors review it to check for deportability. That's why many people are able to renew their green cards successfully and only get deported when they apply for naturalization.
I have an infoPass appointment to speak with an officer, so that will be one of my questions.
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Why? You want to draw attention to this offense? If you ask them about your chances of being approved for naturalization, they are going to tell you to apply even if your chances are bad. That's because in the past they would sometimes tell people not to apply, and then months or years later the individuals found out they were actually eligible to apply, and that resulted in lawsuits and other such problems. So unless it is blatantly obvious that you are ineligible, they will tell you to apply instead of trying to make an instant judgment based on incomplete information.

When you go for Infopass, just ask them to give you a sticker on your green card or a stamped I-94 (also ask at the biometrics appointment). Forget about discussing that old offense. However, you could discuss the situation with your parents naturalization and how you may have already derived citizenship from that (although they will tell you to apply for N-600 or a passport anyway, even if your chances there don't look good).
 
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