Effective Dec. 12, 2022, U.S. Citizenship and Immigration Services (USCIS) will automatically extend the validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents who have applied for naturalization.
This is expected to help naturalization applicants who experience longer processing times, because they will receive an extension of lawful permanent resident (LPR) status without filing Form I-90 to replace/extend their green cards. USCIS will update the language on Form N-400 receipt notices to extend Green Cards for up to 24 months for applicants. The receipt notice can be presented with the expired Green Card as evidence of continued status as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9), if presented before the expiration of the 24-month extension period provided in the notice.
Prior to this change, under USCIS policy, naturalization applicants who did not apply for naturalization at least six months before their Green Card expiration date needed to file Form I-90, Application to Replace Permanent Resident Card (Green Card), to maintain proper documentation of their lawful status. Applicants who applied for naturalization at least six months prior to their Green Card expiration were eligible to receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport, which served as temporary evidence of their LPR status.
The extension will apply to all applicants who file Form N-400 on or after Dec. 12, 2022. LPRs who filed for naturalization prior to Dec. 12 will not receive a Form N-400 receipt notice with the extension. If their Green Card expires, they generally must still file Form I-90 or receive an ADIT stamp in their passport, in order to maintain valid evidence of their lawful permanent resident status. Lawful permanent residents who lose their Green Card generally must still file Form I-90, even if they have applied for naturalization and received the automatic extension under this updated policy. This is because noncitizens must carry within their personal possession proof of registration, such as the Green Card and any evidence of extensions or may be subject to criminal prosecution under INA 264(e).
To apply for Naturalization or to renew your expiring green card, or replace one that is lost or stolen, please contact the Law Offices of Mark A. Urbanski PLLC and we will be happy to assist you.