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Key Points

  • USCIS will automatically extend the Green Card validity of certain LPRS to 24 months. The update impacts LPRs who file a Form N-400 on or after December 12, 2022
  • Applicants will receive an extension automatically even without filing Form I-90
  • Individuals who qualify for the extension will receive an N-400 receipt notice noting the extension
  • The receipt notice can be used as proof of continued status along with an expired Green Card
  • LPRs who filed for naturalization before December 12, 2022, are not eligible for the automatic extension

Overview

On December 12, 2022, United States Citizenship and Immigration Services (USCIS) will update the USCIS Policy Manual so that it can automatically extend the validity of Permanent Resident Cards (Green Cards) to 24 months for particular Lawful Permanent Residents (LPRs) who have applied for naturalization.

What are the Changes?

The update impacts all LPRs filing Form N-400 on or after December 12, 2022. Applicants who correctly file a Form N-400, Application for Naturalization, can receive an extension even if they still need to file a Form I-90. USCIS will update the language on eligible Form N-400 receipt notices to extend applicants’ Green Card validity to 24 months. Before the policy change, naturalization applicants who did not apply for naturalization at least six months before their Green Card expired were required to file a Form I-90, Application to Replace Permanent Resident Card (Green Card), to document their lawful status. Applicants who applied within six months of their Green Card’s expiration date could receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passports to demonstrate temporary evidence of their LPR status.

What Should Employers and Applicants Know?

LPRs who file for naturalization before December 12, 2022, will not get a Form N-400 receipt notice with their extension. Those applicants must still typically file a Form I-90 or receive an ADIT stamp in their passports to maintain valid evidence of their lawful permanent residence status. If necessary, an ADIT stamp may be requested by scheduling an appointment at a USCIS Field Office (InfoPass).

Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Dmitri Pikman, Supervising Attorney, Corporate Immigration Partners
Source: US Citizenship and Immigration Services

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