ARTICLE
3 October 2022

USCIS Increases Automatic Extension Period For Certain Green Card Renewal Applicants

OD
Ogletree, Deakins, Nash, Smoak & Stewart

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Ogletree Deakins is a labor and employment law firm representing management in all types of employment-related legal matters. Ogletree Deakins has more than 850 attorneys located in 53 offices across the United States and in Europe, Canada, and Mexico. The firm represents a range of clients, from small businesses to Fortune 50 companies.
The increased automatic extension period, which took effect on September 26, 2022, expands the twelve-month automatic extension period previously provided.
United States Immigration

On September 28, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that certain Permanent Resident Cards (also known as green cards) would automatically be valid for twenty-four months from the expiration date of the green card based on a properly filed application to renew an expiring or expired green card. The increased automatic extension period, which took effect on September 26, 2022, expands the twelve-month automatic extension period previously provided.

Under the previous practice, in effect since January 2021, USCIS automatically extended the validity of green cards up to twelve months for lawful permanent residents who properly filed Form I-90, Application to Replace Permanent Resident Card. In an effort to provide applicants who experience longer I-90 processing times with proof of lawful permanent resident status as they await their renewed green cards, on September 26, 2022, USCIS:

  • "updated the language on Form I-90 receipt notices to extend the validity of a Green Card for 24 months for individuals with a newly filed Form I-90"; and
  • "began printing amended receipt notices for individuals with a pending Form I-90" to extend the validity of a green card for twenty-four months.

According to the press release, "[t]hese [revised] receipt notices can be presented with an expired Green Card as evidence of continued status."

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