USCIS has begun to automatically extend the validity of Green Cards for lawful permanent residents who have applied for naturalization.

Due to this update, Lawful Permanent Residents (LPR) may not need to file Form I-90, Application to Replace Permanent Resident Card (Green Card). LPRs who properly file Form N-400, Application for Naturalization, may receive this extension without regard to whether they filed Form I-90. 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.

Under the previous 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 before 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. This policy was based on the processing goal of 180 days or six months for Form N-400s, which would make filing Form I-90 unnecessary for applicants who filed at least six months before their Green Card expiration date.

The extension will apply to all applicants who file Form N-400 on or after Dec. 12, 2022. LPRs who filed for naturalization before 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, to maintain valid evidence of their lawful permanent resident status. LPR 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 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). Applicants who require an ADIT stamp may request an appointment at a USCIS Field Office by contacting the USCIS Contact Center.

Visit the Policy Manual Feedback page to comment on this update. For more information, visit our Replace Your Green Card page. For questions specific to employment, please see I-9 Central.

Source: USCIS

About the Author

Mercedes Benites Garvish Immigration Marketing Assistant
Mercedes Benites
Marketing Assistant at Garvish Immigration Law Group | (800)951-4980 | mbenites@goimmigrationlaw.com | + posts

Mercedes Benites is a Legislative Assistant for the Georgia State Senate. She also assists Garvish Immigration with weekly and monthly marketing projects.