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-   -   Replacing permanent resident card at age 14 (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/replacing-permanent-resident-card-age-14-a-826786/)

00derek Feb 25th 2014 6:11 pm

Replacing permanent resident card at age 14
 
At USCISdotGOV, while reading the guide "How do I renew or replace my permanent resident card" I read the following: " if you became a permanent resident before you turned 14 years old, you are required to replace your card when you become
14 years old
". This came as a bit of a shock, as I was unaware of this rule when our cards were issued.

www.uscis.gov/sites/default/files/USCIS/Resources/B2en.pdf

All our cards were issued in 2005 and have an expiration date in 2015, including my two kids. They turned 14 in 2005 and 2007 respectively.

I read the above pdf while researching whether to renew the cards or apply for citizenship; we are all eligible to apply. I called the USCIS information number to clarify and although it sounded like the representative was reading from a script, the answers were clear; you're required to replace the card at age 14 if it was issued before 14.

My question/concern is this;
will NOT having replaced their cards affect my kids eligibility to apply for citizenship?
will there be any other negative consequences for not replacing the cards?
should they replace the cards now, or start the application for citizenship - if that is what they choose?

I think I need a legal experts opinion on this one.

cheers

crg Feb 25th 2014 9:10 pm

Re: Replacing permanent resident card at age 14
 

Originally Posted by 00derek (Post 11148088)
At USCISdotGOV, while reading the guide "How do I renew or replace my permanent resident card" I read the following: " if you became a permanent resident before you turned 14 years old, you are required to replace your card when you become
14 years old
". This came as a bit of a shock, as I was unaware of this rule when our cards were issued.

www.uscis.gov/sites/default/files/USCIS/Resources/B2en.pdf

All our cards were issued in 2005 and have an expiration date in 2015, including my two kids. They turned 14 in 2005 and 2007 respectively.

I read the above pdf while researching whether to renew the cards or apply for citizenship; we are all eligible to apply. I called the USCIS information number to clarify and although it sounded like the representative was reading from a script, the answers were clear; you're required to replace the card at age 14 if it was issued before 14.

My question/concern is this;
will NOT having replaced their cards affect my kids eligibility to apply for citizenship?
will there be any other negative consequences for not replacing the cards?
should they replace the cards now, or start the application for citizenship - if that is what they choose?

I think I need a legal experts opinion on this one.

cheers

If a 14 yr old renews the card and it wasn't going to expire prior to the child turning 16, then the I-90 instructions state there is no application fee, but must pay for biometrics ($85). Check section 2.g1 of the instructions. However, you appeared to have missed the boat on that.

Can't recall any prosecutions, but this is interesting:

8 U.S.C. § 1306 : (a) Willful failure to register
Any alien required to apply for registration and to be fingerprinted in the United States who willfully fails or refuses to make such application or to be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000 or be imprisoned not more than six months, or both.

S Folinsky Feb 25th 2014 9:35 pm

Re: Replacing permanent resident card at age 14
 
To quote the late Chick Hearn: "No harm, no foul."

Furthermore, deponent sayeth not.

ian-mstm Feb 25th 2014 11:16 pm

Re: Replacing permanent resident card at age 14
 

Originally Posted by 00derek (Post 11148088)
... will NOT having replaced their cards affect my kids eligibility to apply for citizenship?

No.



... will there be any other negative consequences for not replacing the cards?
No.



... should they replace the cards now, or start the application for citizenship - if that is what they choose?
They can apply for naturalization as soon as they're eligible. Whether or not the card is replaced doesn't affect their status as a US permanent resident, and it seems the only reason the card needed to be replaced, was to have a more recent photo!



I think I need a legal experts opinion on this one.
I don't think you do.

Ian

crg Feb 25th 2014 11:48 pm

Re: Replacing permanent resident card at age 14
 
Slight negative consequence in being hassled/delayed when traveling.

MarylandNed Feb 26th 2014 12:13 am

Re: Replacing permanent resident card at age 14
 
I can't see it being a major issue. Have the kids traveled outside the US since they turned 14? If so, did they have an issues using the PR card to re-enter the US?

It's a pity that you didn't apply for US citizenship sooner. Minors automatically obtain US citizenship for free whenever a parent naturalizes. Now they will have to submit and pay for their own citizenship applications.

00derek Feb 26th 2014 8:13 pm

Re: Replacing permanent resident card at age 14
 
Thanks for the replies.

Yes they've travelled outside the US numerous times with no issues since turning 14.

Yes, it is a pity we didn't file for citizenship; that's $680 per kid out of pocket! Oh well, never mind.

Thanks again.

Will this impede the kids' citizenship application?

There seems little point in replacing the PRC at this point, unless it's a pre-requisite to have a valid card before applying for citizenship.

MarylandNed Feb 26th 2014 9:11 pm

Re: Replacing permanent resident card at age 14
 

Originally Posted by 00derek (Post 11149929)
Thanks for the replies.

Yes they've travelled outside the US numerous times with no issues since turning 14.

Yes, it is a pity we didn't file for citizenship; that's $680 per kid out of pocket! Oh well, never mind.

Thanks again.

Will this impede the kids' citizenship application?

There seems little point in replacing the PRC at this point, unless it's a pre-requisite to have a valid card before applying for citizenship.

Well, if they've traveled outside the US numerous times since they turned 14 and the cards don't expire until 2015, then they are apparently valid.

If they apply for US citizenship 6 months or more before the card expires, then they don't need to obtain a new PR card. See Q24 here:

http://www.uscis.gov/sites/default/f...e/chapter3.pdf

24. If my Permanent Resident Card expires while I am applying for naturalization, do I still need to apply for a new card?
If you apply for naturalization 6 months or more before the expiration date on your Permanent Resident Card (formerly known as an Alien Registration Card or “Green Card”), you do not have to apply for a new card. However, you may apply for a renewal card if you wish by using an “Application to Replace Permanent Resident Card” (Form I-90) and paying the appropriate fee. Call the USCIS Forms Line or visit www.uscis.gov.
If you apply for naturalization less than 6 months before the expiration date on your Permanent Resident Card, or do not apply for naturalization until your card has already expired, you must renew your card.

00derek Feb 27th 2014 3:04 am

Re: Replacing permanent resident card at age 14
 
I just looked at the mailer that the cards were attached to when they were sent to us; it says nothing about new cards at 14. Other than the document I mentioned in my OP (M-562B October 2013), how is a PRC holder supposed to know about it?

I'm starting to think that rule came into force after we got our cards.

Has anyone heard of it before, and when?

notonuksoil Feb 27th 2014 3:15 am

Re: Replacing permanent resident card at age 14
 
Never heard about this before either.

Our eldest was 13 when we got our GC's, was she meant to get a new one a year later? She turns 16 in April and we have traveled a couple of times without any issues. The only difference this last trip was she had to "look at the camera" and do "the finger print scan" thing at JFK neither of which she has had to do before. The immigration officer just said once the kids get to 15 they do it.

crg Feb 27th 2014 3:52 am

Re: Replacing permanent resident card at age 14
 
I heard about it in 2000. They want fingerprints as soon as they can get them.

ian-mstm Feb 27th 2014 11:58 am

Re: Replacing permanent resident card at age 14
 

Originally Posted by 00derek (Post 11150299)
... how is a PRC holder supposed to know about it?

You're supposed to know the rules under which you immigrate. It's not the US government's job to inform you of your rights and responsibilities.



I'm starting to think that rule came into force after we got our cards.
Uh... no! It's been around at least since 1997.

Ian

ian-mstm Feb 27th 2014 12:02 pm

Re: Replacing permanent resident card at age 14
 

Originally Posted by notonuksoil (Post 11150301)
Our eldest was 13 when we got our GC's, was she meant to get a new one a year later?

Apparently so, yes.



The only difference this last trip was she had to "look at the camera" and do "the finger print scan" thing at JFK neither of which she has had to do before.
This has been SOP since early 2009.



The immigration officer just said once the kids get to 15 they do it.
Correct. Those under 15 and over 79 are exempt.

Ian

MarylandNed Feb 27th 2014 12:57 pm

Re: Replacing permanent resident card at age 14
 

Originally Posted by ian-mstm (Post 11150708)
You're supposed to know the rules under which you immigrate. It's not the US government's job to inform you of your rights and responsibilities.

True but that shouldn't stop them from doing a better job of making people aware. If a child is supposed to replace the PR card at 14, then why not have it expire at the 14th birthday if that happens before the normal 10 year expiry? I just checked my kids' PR cards. They were issued in 2000 and expired 2010. Yet one of my kids turned 14 in 2007 and another in 2008. Thankfully they both became USCs before their 14th birthdays anyway.

Although it seems a bit ridiculous to give a 13 year old child a PR card and expect them to replace it a year (or maybe less than a year) later.

crg Feb 27th 2014 2:44 pm

Re: Replacing permanent resident card at age 14
 

Originally Posted by ian-mstm (Post 11150719)


Correct. Those under 15 and over 79 are exempt.

Ian

I believe it's 13 and under for US VISIT.

Perhaps the 14 year old green card replacement instructions were included with the mountain of paperwork and missed. I know there's a guide published by the government for new LPRs.

Be sure the male children register with the Selective Service at 18. I believe it's from 18 to 26.


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