Last Updated on February 23, 2023
NOTE: This article was updated on Dec. 12, 2022, to reflect new information from U.S. Citizenship and Immigration Services (USCIS).
UPDATE: On Dec. 12, 2022, USCIS updated the USCIS Policy Manual so that it can automatically extend the validity of Permanent Resident Cards (Green Cards) to 24 months for certain lawful permanent residents (LPRs) who have applied for naturalization.
The update applies to all LPRs who file a Form N-400 on or after Dec. 12, 2022. Those who properly file a Form N-400, Application for Naturalization, can receive an extension regardless of whether they filed a Form I-90, Application to Replace Permanent Residence Card. USCIS will update the language on eligible Form N-400 receipt notices to extend applicants’ Green Card validity to two years.
Applicants can present their eligible N-400 receipt notice with their expired Green Card as evidence of continued status, along with applicable identity and employment authorization, under Form I-9, Employment Eligibility Verification. Eligible receipt notices must be presented before the 24-month extension period indicated in the notice ends.
Prior to the update, naturalization applicants who did not apply for naturalization at least six months before their Green Card expired were required to file a Form I-90, Application to Replace Permanent Resident Card (Green Card), to document their lawful status. Applicants who applied within six months of their Green Card’s expiration date could receive an ADIT stamp in their passport to demonstrate temporary evidence of their LPR status.
LPRs who file for naturalization prior to Dec. 12, 2022, will not get a Form N-400 receipt notice with their extension. Those applicants must still generally file a Form I-90 or receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passports to maintain valid evidence of their lawful permanent residence status. If necessary, an ADIT stamp may be requested by scheduling an appointment at a USCIS Field Office.
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U.S. Citizenship and Immigration Services (USCIS) announced that it is now automatically extending the validity of green cards (Lawful Permanent Residence Cards) to 24 months instead of the previous 12 months.
Overview
Individuals with lawful permanent residence status are eligible for the extension if they properly file a Form I-90, Application to Replace Permanent Resident Card, to renew a green card that has expired or will expire soon. USCIS has updated the language on Form I-90 receipt notices to reflect this change, and the agency started to print amended receipt notices for those with a pending Form I-90 starting Sept. 26, 2022.
Those who are affected by longer application processing times can provide proof of lawful resident status by presenting their Form I-90 receipt notice along with an expired green card.
A valid green card is essential for reentry to the U.S. following international travel and initially evidencing work authorization, among other considerations noted here. In most cases, you are authorized to travel abroad and re-enter the U.S. based on an expired green card together with the Form I-90 receipt. Be sure to consult with your attorney.
Looking Ahead
Individuals who do not have a green card but who need to provide evidence of their lawful permanent residence status while waiting for a replacement green card can contact the USCIS Contact Center to request an appointment at a USCIS Field Office. An Alien Documentation, Identification, and Telecommunications (ADIT) stamp may be issued to show evidence of lawful permanent resident status.
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Envoy is pleased to provide you this information, which was prepared in collaboration with Louis Massard, who is a Partner at Global Immigration Associates (GIA), one of the two U.S. law firms Envoy exclusively works with on the Envoy Platform (the "U.S. Law Firms").
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of one of the U.S. Law Firms, consult your attorney. If you are not a client of a U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with either U.S. Law Firm.
