procedural question...what happens when i renew my gc?

C

curious0407

New Member
Out of curiousity, what happens when I renew my green card?

I have an IR7 green card (a derivative from my father's Citizenship). When I renew my green card, what kind of background check do they do?

I know renewing a green card is a not a readjudication of my permanent residency status, but what does a background check entail? I know they will do a name check through the FBI...but what else? Will they have any reason to look into my father's file since I have an IR7 card or is it just a standard procedure. I just don't understand why it takes so long--is it just the name check that takes so long?

Thanks!
 
Legal Permanent Residence status is a privilege-not a right!

When you apply for renewal or replacement of your I-551, the adjudicator or immigration inspector is responsible, as per law, to make sure that you are still eligible for the status of being a US Legal Permanent Resident. If you have commited certain crimes and offences that would make you deportable as per INA, you would not be eligible to extend your LPR status and you would be processed for removal from the US. If you have not maintained residency in the US as per INA, naturally you don't deserve the status of an LPR anymore, therefore you may be asked to provide proofs that you are still eligible for the the status before your card can be renewed.

Why do you think there is an expiration date for your card if there is no need to review your status?
 
i guess i should have been clearer
no. i have not commited any crimes.
no. i have not left the country.
no. i have not done anything illegal.
this is merely an inquiry into the _process_ into how and what happens during renewal.

now that i have answered that, i will rephrase my question. assuming that one has not done anything wrong, what constitutes the background check? name check through the FBI and what else? Do they readjudicate your case with the old facts that are already available to them, or is it more of an administrative purpose--which I read somewhere, but can't remember where? Will they look at my dad's files (he hasn't done anything wrong, I'm not implying he has). I am just curious as to how far does this background check go. Why? Again, out of curiousity and I can't seem to find any information on the subject.

also, when one's green card expires, their status doesn't expire--just their card. technically, when one applies to renew, they are applying to renew their proof of status, not their status--however, if one has commited any aggravated felony, their green card will be denied and may be put into deportation hearing where they can then present their case (i.e. maybe trying to invoke their 212(c) waviers, who knows what type of waiver or defense).

so, i'm just curious about the procedure of the background check, that's all. i.e. what do they actualy do that takes so long?

thanks for the answer though.
 
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How would they know you are still eligible if they don't perform the check?

By law, the immigration officer is mandated to perform a background check on any applicant for immigration benefits before they can grant you that benefit.

So the short answer to any applicant for I-551 renewal--relevant background checks are mandatory!

Checks involve issues that may disqualify someone fom obtaining the benefits requested. Depending on the information or data relevant to your application and the availability of the information from various government agencies, it could take a long time to gather all information. Not all applicants are the same so the lenght of processing varies.

The INA or 8 CFR lists the conditions of eligibility for immigration benefits.
 
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ah, okay. that's all i wanted to know. i apologize if hit the wrong nerves in my first post. it was just a simple, inquisitive question.
 
Stop the BS.

«By law, the immigration officer is mandated to perform a background check on any applicant for immigration benefits before they can grant you that benefit”

Replacing PRC is not an act of granting an immigration benefit.
 
196111 said:
Why do you think there is an expiration date for your card if there is no need to review your status?
Click to expand...

That expiration date is not for PR status, but only for card. Being a PR, renewing green card is optional.
 
PRUSA said:
«By law, the immigration officer is mandated to perform a background check on any applicant for immigration benefits before they can grant you that benefit”

Replacing PRC is not an act of granting an immigration benefit.
Click to expand...

It's funny when people try to argue about something they don't know much about! :)

Yes, to say it again, replacing the I-551 come with it the benefits of the status of an LPR! Try coming back to the US without your I-551 and argue with the immigration officer that you should be admitted without it. Granted that he may allow you to file for an I-193 waiver if you are otherwise admissible, but it does not come free.
For a layman, the term "benefit" may have different meanings. In immigration law, benefit is closer to the meaning of a privilege.
 
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pralay said:
That expiration date is not for PR status, but only for card. Being a PR, renewing green card is optional.
Click to expand...

You've obviously been getting bad information!

When your I-551 expires you are subject to adjudication and investigation to evaluate your status whether or not you are still eligible to be given that status as an LPR. If you have committed crimes or offences which could make you deportable you can not renew your I-551 and you would be processed for a removal hearing! If you are clean and background investigations proves that you have not violated the conditions of your status you would be granted the privilege of renewing your I-551 and your status as an LPR stays!

Being accorded that status as a Legal Permanent Resident is a privilege, not a right! It can be taken away from you if you violate certain laws.
 
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196111 said:
You've obviously been getting bad information!

When your I-551 expires you are subject to adjudication and investigation to evaluate your status whether or not you are still eligible to be given that status as an LPR. If you have committed crimes or offences which could make you deportable you can not renew your I-551 and you would be processed for a removal hearing! If you are clean and background investigations proves that you have not violated the conditions of your status you would be granted the privilege of renewing your I-551 and your status as an LPR stays!

Being accorded that status as a Legal Permanent Resident is a privilege, not a right! It can be taken away from you if you violate certain laws.
Click to expand...

Expiration of green card is NOT expiration of PR status. Just read the 2nd para for this page:
http://www.foreignborn.com/visas_imm/immigrant_visas/green_cards/3renew_greencard.htm

Next time, let us know where you got your so-called "good" information.
 
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JoeF said:
Like you???
The status of LPR does not expire when the actual card expires. The status does not get renewed, and there is no background check for card renewal.
Click to expand...

Hi, JoeF, well come back. Many people have apparently missed you like hell.
 
196111 said:
When your I-551 expires you are subject to adjudication and investigation to evaluate your status whether or not you are still eligible to be given that status as an LPR. If you have committed crimes or offences which could make you deportable you can not renew your I-551 and you would be processed for a removal hearing! If you are clean and background investigations proves that you have not violated the conditions of your status you would be granted the privilege of renewing your I-551 and your status as an LPR stays!

Being accorded that status as a Legal Permanent Resident is a privilege, not a right! It can be taken away from you if you violate certain laws.
Click to expand...

You have got a point here. If members around here are so scared (and wanted others to be scared too) about losing GC( e.g read bunch of What if's), they should be careful about your point as well. Cheers for bringing this point up to all GC holders. :D :D :D . Keep it up buddy :D :D
 
JoeF said:
There is no background check for I-551 renewal. If you are convicted of a crime that makes you deportable CIS would get to know that at the time of conviction. There are numerous examples of that.
Click to expand...

But I am nore sure whether state and local police are obliaged to find out
immigration status of criminal suspect and or whether, even if they
are, they have teh responsibility to inform USCIS. Certainly a lot of
peoples getting convicted immediately get USCIS attention, but maybe
not as some systemactic information checkup.

So maybe USCIS does catch some critical moments like GC renewals to do a background checkup on aliens.
 
AmericanWannabe said:
So maybe USCIS does catch some critical moments like GC renewals to do a background checkup on aliens.
Click to expand...

May be they do, may be they don't. It's just speculation and not part of the "renewal procedure" as "good" informant suggested.
 
pralay said:
May be they do, may be they don't. It's just speculation and not part of the "renewal procedure" as "good" informant suggested.
Click to expand...

If there are big news about GC with criminal records doing this or that,
sooner or later it will become an official routine.
 
what have i started?

Thanks for all the replies! They've been helpful.

Although I am about due ot renew my green card, my question was really for a paper I'm writing about (I'm in law school, but not taking Immigraiton Law b/c it conflicts with property (argh!!)). Anyway, thanks for all the information.
 
There's no such thing as Permanent LPR status!

For you psuedo-practitioners who think you know what goes on when somebody files an I-90, how many of you have actually put your approval stamp on an I-90? How many of you have actually refused to renew somebody's I-90 because he does not qualify anymore? Have any you actually experienced setting somebody for Sec 240 hearing because the applicant has committed crimes or violations which made him deportable during the I-90 background investigation for renewal or replacement?
Well, I have. I have done many of them and I know what goes on!

Some of you here just don't want to admit you don't know much about what you are talking about. What you wish is not always what happens.

Just be good and learn to be honest. Don't be too sure about anything in immigration laws. It is not your field of expertise.

Lastly, somewhere, somehow, just hope that I won't be the one you'll encounter when you mess up! I've seen many big men cry and don't be that next guy because I'll tell you frankly then that I'm just performing my job!

You've been advised!

:)
 
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196111 said:
For you psuedo-practitioners who think you know what goes on when somebody files an I-90, how many of you have actually put your approval stamp on an I-90? How many of you have actually refused to renew somebody's I-90 because he does not qualify anymore? Have any you actually experienced setting somebody for Sec 240 hearing because the applicant has committed crimes or violations which made him deportable during the I-90 background investigation for renewal or replacement?
Well, I have. I have done many of them and I know what goes on!
Click to expand...

Yes, it's not permanent. USCIS can revoke it anytime. But at the same time, it does not expire (as you claimed earlier).
 
Above,some members mentioned like 'there is no background check for card renewal.'
But,some more info' suggests the otherway, as it seems.
1)http://uscis.gov/graphics/formsfee/forms/e-photo.htm#I-90:
USCIS requires photographs and fingerprints for certain applications. The information below tells you which applications require photographs and **fingerprints** and how they are provided to USCIS.
E-Filing Form I-90, Application to Replace a Permanent Resident Card
If you are E-Filing Form I-90, you do NOT need to submit paper photographs. However, you will need to go to one of USCIS’ **Application Support Centers** for the electronic capture of a photograph, fingerprints and signature. See Scheduling An Appointment for Fingerprinting and Photographs.


2)For example ASC,San Jose :
http://uscis.gov/graphics/fieldoffices/sanjose/faqs.htm:
Q: What does the ASC do with my fingerprints?
A: The ASCs send fingerprints to the Federal Bureau of Investigations for a criminal background check.
The above may not project direct link but probably suggests the way it is done.
 
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