On December 9, 2022, the United States Citizenship and Immigration Services (USCIS) announced that the agency will automatically extend the validity of permanent resident cards (ie. green cards) for 24 months from the card’s expiration date for applicants that file for naturalization on or after December 12, 2022.
Due to current processing times of naturalization applications, this policy change is intended to help applicants remain in lawful status while their application is pending with USCIS. Previously, naturalization applicants with an expired green card were required to file Form I-90, Application to Replace Permanent Resident Card (Green Card). If applicants filed Form N-400, Application for Naturalization at least six months before their green card’s expiration date, they were eligible to receive an Alien Documentation, Identification and Telecommunication (ADIT) stamp from a USCIS Field Office in their passport as temporary evidence of their lawful permanent resident status.
Applicants that file for naturalization on or after December 12, 2022 will no longer be required to file Form I-90 or obtain the ADIT stamp, and will receive an Form N-400 receipt notice that includes language of the automatic extension of their green card for 24 months from the card’s expiration date. While their application is under review, the applicant’s receipt notice with their expired green card may be presented as evidence of continued lawful permanent resident status and for identity and employment authorization.
Lawful permanent residents that filed their naturalization application before December 12, 2022 will not be eligible for the automatic green card extension. If their green card expires, applicants would need to file Form I-90 or receive an ADIT stamp in their passport to maintain valid evidence of lawful permanent resident status. If a lawful permanent resident loses their green card, the individual must file Form I-90, regardless of whether they applied for naturalization and received the automatic extension under this policy, because they are required by law to carry within their personal possession proof of alien registration, such as the green card and any evidence of extensions, at all times or otherwise they may be subject to criminal prosecution.
If you have any questions related to this latest policy update, or need assistance with the filing of the Form I-90, Form N-400, or with any other immigration related matter, please do not hesitate to contact KILO Immigration, a Sacramento law firm, by filling out this contact form.