Tag: I-90

Filing for I-90 Will Automatically Extend Your Green Card for 12 Months!

Filing for I-90 Will Automatically Extend Your Green Card for 12 Months!

 

USCIS announced a new policy that will help green card holders whose green cards expire while Form I-90 is pending. This is great news, except that this policy should not be necessary because USCIS should be processing Form I-90 much, much, much quicker than the current processing times.

What does this all mean? When a person has a ten-year green and is six months away from the expiration of the card, that person can file Form I-90 to renew the green card. In recent years, Form I-90 would be processed in as little as one month, a reasonable amount of time for a basic document to be renewed for a person with lawful permanent resident status. In recent months, however, Form I-90 processing exceeds 6, 7, 8 months and more. Since a person cannot file Form I-90 more than six months prior to its expiration (unless the card was lost or had an error), then of course the person would end up with a pending I-90 and no unexpired proof of her green card status. To fill the gap between the green card expiration date and the receipt of a new green card, USCIS is provided a Receipt Notice for Form I-90 that serves to extend the green card by 12 months.

Unfortunately this policy only begins this month, so my clients who filed cases last year still have no approved I-90 and do not have a Receipt Notice that serves to extend their status. In those situations, we can call USCIS to request an in-person appointment at USCIS to get a stamp in the foreign passport or sticker on the green card to serve as proof of continued LPR status.

If you have a ten-year green card, you should consult with an attorney about whether you are eligible for US citizenship/naturalization. If you become a US citizen, you never need to worry again about your expiring green card!

See USCIS to Replace Sticker That Extends Validity of Green Cards | USCIS for more information about this new USCIS I-90 policy.

Should I file to renew my permanent resident card if I have a pending N-400 naturalization application?

Yes, if your card will expire within six months of filing an N-400 form with the USCIS. No, if you file Form N-400 while your card is valid for at least 6 months. You must be eligible to file Form N-400 at the time you file, regardless of the expiration date of your “green card.”

If you file according to the above timelines, you will be able to obtain proof of your status—a stamp in your passport called “Alien Documentary Identification and Telecommunication” (ADIT) stamp as temporary proof of permanent residence.

Are you looking for legal assistance from an immigration attorney? Ellen Sullivan, P.T. is located in Cambridge, MA and specializes in immigration law. Call (617) 714-4375 or email ellen@ellensullivanlaw.com to schedule an appointment with Ellen.

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Marriage-Based Green Card Document Guide

We work hard to make your immigration case easy for you. Use this easy guide to help you organize the documents that you would use if you are eligible to submit an application for a marriage-based green card application. You should consult with an attorney to figure out if you are eligible for a green card before you submit any applications or documents to the U.S. government.