Practice Advisory for Lawful Permanent Resident (LPR) Clients: You MUST carry your Green Cards

By: Nicole E. Mackmiller, immigration attorney in Ann Arbor

Any foreign national who obtains legal status in the U.S. as a lawful permanent resident is issued a Lawful Permanent Resident Card, commonly known as a “green card.” Pursuant to 8 USC 1304(e), “Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.” While this federal statute has existed for decades, it hasn’t been regularly enforced by U.S. ICE.  until recently. If you’re a legal permanent resident and facing federal misdemeanor charges for an innocent moment of forgetfulness, you could become saddled with a criminal record for failing to carry your green card. 

Although legal permanent residents are notified of this requirement by USCIS when they first receive their green cards, many forget over the years. All legal permanent residents (LPRs) should maintain a front and back photo of their green cards on their phones, so that if they forget their cards they’re able to produce some level of proof of their lawful status.  It’s unknown whether producing a photo of one’s green card on their phone will be sufficient to satisfy this requirement. Therefore, the original green card should be carried. 

If you don’t have a valid unexpired green card in your possession, then you can apply for a new green card to be issued by USCIS. Form I-90, Application to Replace Permanent Resident Card (Green Card), is available on USCIS’s website, and LPRs can file Form I-90 to obtain new green cards if they are lost, stolen, damaged, or expired. Filing the I-90 form on-line can also provide an immediate receipt notice from USCIS, which you should carry until  your new green card is received. As USICE increases their enforcement of immigration laws, LPRs should also increase their preparedness. 

If you’re a lawful permanent resident or have questions about your immigration status, it’s important to speak with an experienced immigration attorney in Ann Arbor. Our immigration team can help you understand your legal obligations, replace or renew your green card, and protect your rights if you’re facing enforcement actions. Contact us today to schedule a consultation and ensure you’re fully compliant with federal immigration requirements.