Immigration
Understanding the Extension of Green Card Validity: What Lawful Permanent Residents Need to Know
By Attorneys Khushbu Patel and Dilip Patel
On Sept. 10, 2024, the U.S. Citizenship and Immigration Services (USCIS) made a significant update that affects lawful permanent residents (LPRs) seeking to renew their Permanent Resident Cards, commonly known as Green Cards. This change applies to those whose Green Cards were issued with a 10-year validity and automatically extends the validity of Green Cards to 36 months for those who file Form I-90, Application to Replace Permanent Resident Card. In this article, we shed light on this update, its implications, and the necessary steps for individuals seeking to navigate the renewal process. Different procedures apply to those who have a 2-year conditional green card, and this article is limited to renewals of 10-year cards.
The Importance of the Green Card
A Green Card serves as proof of an individual’s Lawful Permanent Resident status in the United States. A Lawful Permanent Resident has the right to live and work in the country indefinitely. Typically, Green Cards are valid for 10 years, after which they must be renewed. However, the process of renewal can sometimes lead to confusion and anxiety, particularly if there are processing delays. Important Note: Your status as a Lawful Permanent Resident does not automatically expire just because the card has expired. You need a valid card to show proof of status which is usually needed, for example, when returning from a trip abroad, applying for a job or for a driver license.
The Previous Policy
Prior to this update, USCIS provided a 24-month extension of the validity of a Green Card upon the proper filing of Form I-90. This extension was helpful for many because it allowed them to present a receipt notice as evidence of their continued lawful status while awaiting their new Green Card. However, as processing times have fluctuated and sometimes extended beyond initial expectations, the previous 24-month extension was not sufficient for many applicants, leading to potential challenges in maintaining their status and employment authorization.
The New Extension: Key Changes
With the new policy, USCIS has updated the language on Form I-90 receipt notices to extend the validity of a Green Card for a full 36 months from the expiration date noted on the current Green Card. This extension is applicable to individuals who have properly filed Form I-90 to renew an expiring or expired Green Card.
Starting on Sept. 10, 2024, USCIS began printing amended receipt notices for individuals who have a pending Form I-90. This change is designed to provide greater assurance and clarity for applicants, giving them an extended period of proof that they remain lawful permanent residents even as they await their new Green Card.
Implications for Lawful Permanent Residents
The extension of Green Card validity to 36 months has several important implications for lawful permanent residents. First, the longer extension period provides green card holders with more security and peace of mind. They can continue to live and work in the United States without fear of their status being questioned during the renewal process. Second, receipt notices can be presented alongside an expired Green Card as evidence of continued status and employment authorization. This is particularly beneficial for those who may need to prove their status to employers or for other official purposes. Third, processing times for Form I-90 can vary, extending the validity period helps alleviate concerns regarding potential gaps in status. Applicants will now have a longer window in which they can confidently assert their lawful permanent resident status.
What to Do If You No Longer Have Your Green Card
For individuals who have lost their Green Card and are awaiting a replacement, the new policy still provides options. If you no longer have your Green Card but need evidence of your lawful permanent resident status while waiting for your replacement, you can take the following steps: 1) Begin by filing Form I-90 to request a replacement Green Card. This is the first essential step in the process; 2) After filing Form I-90, you may contact the USCIS Contact Center to schedule an appointment at a USCIS Field Office. During this appointment, you may be issued an Alien Documentation, Identification, and Telecommunications (ADIT) stamp, which serves as temporary proof of your lawful permanent resident status; and 3) Ensure that you keep copies of your Form I-90 receipt notice and any ADIT stamp received, as these documents will be crucial in demonstrating your status while your application is in process.
Get the Right Help
The recent update by USCIS to extend the validity of Green Cards to 36 months for those filing Form I-90 is a welcome change for lawful permanent residents. By providing a longer period of security and documentation, this policy aims to ease the anxiety surrounding the renewal process and ensure that LPRs can continue to live and work without interruption.
As always, it is essential for individuals to stay informed about immigration policies and procedures, as these can evolve over time. For the most accurate and up-to-date information, individuals should regularly check the USCIS website or consult with an immigration attorney if they have specific questions or concerns regarding their status.
Dilip Patel of Buchanan Ingersoll & Rooney PC, a board-certified expert on immigration law, can be reached at (813) 222-1120 or email [email protected]
Tampa Bay area welcomes Attorney Khushbu Patel
We are pleased to introduce Attorney Khushbu Patel to our readers. Khushbu is an experienced immigration attorney and has recently joined the Buchanan Ingersoll & Rooney law firm to work with Dilip Patel, who writes our immigration articles. Khushbu brings with her a wealth of knowledge in immigration law and a passion for helping individuals and families navigate the complexities of the immigration process.
Khushbu was born and raised in Richmond, Va., where she developed a strong foundation in legal principles and a deep commitment to serving her community. She earned her law degree from a respected institution, Rutgers Law School, where she developed a keen understanding of the challenges faced by immigrants in the United States.
She married in April 2024 and recently moved to the Tampa area with her husband, who works in commercial contracting. Khushbu’s move to Tampa not only marks a new chapter in her personal journey but also allows her to contribute her expertise to the growing community in the region. Fluent in Gujarati, she is an active member of the BAPS Swaminarayan Mandir in Thonotosassa, Florida.
We are thrilled to welcome Khushbu to our readers and look forward to the invaluable information she will provide to them in the field of immigration law.