USCIS updates policy to automatically extend green cards to naturalization applicants

USCIS updates policy to automatically extend green cards to naturalization applicants

Effective December 12, 2022, United States Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to allow USCIS to automatically extend the validity of permanent resident cards ( commonly referred to as green cards) for lawful permanent residents who have applied for naturalization.

This update (PDF, 307.54 KB) should help naturalization applicants who are experiencing longer processing times as they will receive an extension of Lawful Permanent Resident (LPR) status and may not have need to complete Form I-90, Application for Replacement Permanent Resident Card (green card). LPRs who correctly file Form N-400, Application for Naturalization, may receive this extension whether or not they have filed Form I-90. USCIS will update wording on Form N-400 receipt notices to extend green cards for up to 24 months for these applicants. Notice of receipt may be presented with expired green card as proof of continued status as well as identity and employment authorization under Employment Eligibility Verification List A (Form I-9), if submitted before the expiry of the 24-month extension period. in the notice.

Prior to this change, under USCIS policy, applicants for naturalization who had not applied for naturalization at least six months prior to their green card expiration date were required to file Form I-90. , Application for replacement permanent resident card (green card), to keep the appropriate documentation. of their legal status. Applicants who applied for naturalization at least six months before their green card expired were eligible to receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport, which served as temporary proof 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 Form I-90 filing unnecessary for applicants who filed at least six months prior to the expiration date. their green card. This policy update recognizes current USCIS processing times, while improving flexibility and efficiency by reducing the number of ADIT stamp appointments at field offices and the number of Form I- 90 filed, allowing these resources to be focused on other immigration benefit decisions.

The extension will apply to all applicants who file Form N-400 on or after December 12, 2022. LPRs who applied for naturalization before December 12 will not receive notice of receipt of Form N-400 with the extension. If their green card expires, they generally still need to complete Form I-90 or receive an ADIT stamp in their passport, in order to maintain valid proof of their lawful permanent resident status. Lawful permanent residents who lose their green card generally still need to file Form I-90, even if they applied for naturalization and received the automatic extension under this updated policy. This is because non-nationals must have in their possession proof of registration, such as green card and any proof of extension, or may be subject to criminal prosecution under INA 264(e). Applicants who need an ADIT stamp can 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 employment-specific questions, please consult I-9 Central.

See the original press release – Publication date 09/12/2022

© Copyright U.S. Customs and Border ProtectionNational Law Review, Volume XII, Number 345

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