November 28, 2023

Immigration Green Card

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USCIS Extends Green Card Validity for Naturalization Applicants | Mintz – Immigration Viewpoints

2 min read

Beginning December 12, 2022, lawful permanent residents who have filed a Form N-400 Naturalization Application with USCIS on or after that date will receive a 24-month automatic Green Card extension. This rule change will likely negate the need for filing a subsequent Form I-90 Green Card Renewal Application. USCIS will update the language on Form N-400 receipt notices to extend Green Card validity for up to 24 months. Lawful permanent residents who filed for naturalization prior to December 12, 2022, will not receive a Form N-400 receipt notice with the 24-month automatic Green Card extension and, if needed, will still need to file a Form I-90 or receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport from a local USCIS office.

N-400 receipt notices issued with the new automatic extension may be presented with an expired Green Card as evidence of continued legal permanent resident (LPR) status for purposes of employment authorization and international travel. USCIS is expected to update its M-274 Handbook for Employers to reflect the change for purposes of Form I-9 employment eligibility verification, and the N-400 receipt notice will be considered a List A document.

Prior to this rule change, naturalization applicants with expiring Green Cards were required to either file a Form I-90 renewal application (for those who filed a Form N-400 application less than six months before their Green Card expiration date) or visit a local USCIS office to obtain a passport stamp evidencing their LPR status (for those who filed a Form N-400 application more than six months before the expiration of their Green Card). The new 24-month automatic extension should eliminate or minimize the need for such applicants to take these additional steps. If the lawful permanent resident’s naturalization application is not approved by the end of the 24-month extension period, the individual may still visit a local USCIS office to request a passport stamp evidencing their ongoing permanent resident status. 

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