Criminal Defense of Immigrants
§ 15.17 3. Applying for Benefits
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Another way noncitizens may come in contact with immigration authorities is when they must apply for, or renew, an immigration benefit. A common situation is where a lawful permanent resident’s green card has expired or is about to expire. Generally the green card itself (not the LPR status) expires after 10 years (or two years for a conditional permanent resident).
An LPR generally needs a valid, unexpired green card in order to get a new job, and increasingly to obtain or renew a driver’s license. Unfortunately, if the LPR has committed any deportable offenses, the immigration authorities are likely to discover this information in the renewal process and may place the LPR in removal proceedings. More often, long-time permanent residents may become trapped because they cannot get a new job or driver’s license without a valid green card, but fear to apply for a new green card because they may be deportable.