ARTICLE
24 September 2024

USCIS Extends Green Card Validity For 36 Months While Form I-90 Applications Are Pending

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Greenberg Traurig, LLP

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USCIS has extended green card validity for lawful permanent residents who are awaiting the approval of their Form I-90, Application to Replace Permanent Resident Card. Initially, USCIS extended green card validity by 12...
United States Immigration

USCIS has extended green card validity for lawful permanent residents who are awaiting the approval of their Form I-90, Application to Replace Permanent Resident Card. Initially, USCIS extended green card validity by 12 months for applicants who filed Form I-90 while their renewal applications were pending. In September 2022, USCIS further extended the automatic extension period to 24 months. For further details on this change, refer to our earlier blog post.

The Latest Extension: 36 Months

On Sept. 18, 2024, USCIS announced another extension, this time increasing the automatic validity of green cards to 36 months while the Form I-90 application is pending.

How the Extension Works

  • Receipt Notice as Proof of Status: After filing Form I-90, the receipt notice, combined with the expired green card, serves as evidence of valid permanent resident status.
  • Updated Receipt Notices: If an applicant previously received a 24-month extension and the I-90 is still pending, USCIS may send the applicant an amended receipt notice reflecting the new 36-month extension.
  • Replacing a Green Card: If an applicant filed Form I-90 to replace the physical green card, he or she must schedule an appointment at a USCIS field office to obtain an I-551 stamp (also known as an Alien Documentation, Identification, and Telecommunication (ADIT) stamp) in a valid passport as temporary proof of permanent resident status.

Traveling with an Expired Green Card

USCIS reminds individuals that if they plan to travel outside the United States, they will need either:

  1. An expired green card and the I-90 receipt notice showing a valid automatic extension, or
  2. An ADIT/I-551 stamp in the passport along with the I-90 receipt notice if the permanent resident no longer has the physical green card.

USCIS also has updated its guidance for employers completing Form I-9.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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