On September 26th, the United States Citizenship and Immigration Service (USCIS) implemented a rule change that automatically extends the expiration date of green cards by 24 months for those who have a pending Form I-90.

Lawful permanent residents must file a Form I-90 Application to Replace Permanent Resident Card in order to renew their expiring green card. Due to a backlog of cases and an under-resourced immigration system, the processing times for green card renewals can be significantly delayed. If a lawful permanent resident does not have a valid, unexpired green card, it could impact their work authorization and even put their presence in the United States at risk.

As a result of extended processing times, USCIS previously instituted an automatic 12-month extension on the validity of a green card for lawful permanent residents with a pending renewal. Applicants receive a receipt notice from USCIS after successfully filing their Form I-90, and this receipt notice contains language about the extension. For 12 months after the expiration date on the green card, lawful permanent residents can use their expired green card and the receipt notice as evidence of their valid status.

Alternatively, green card holders with a recently expired green card can prove their lawful status by scheduling an appointment at a USCIS field office to receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport.

Effective September 26, 2022, the 12-month extension has been increased to 24 months. Now, green card holders who file a Form I-90 renewal can have their green card expiration date extended by two years. Applicants will receive a receipt notice indicating the automatic extension, which can be used along with the expired green card as proof of lawful permanent status while their green card renewal is being processed.

As a result of this change, it should help USCIS to work through the existing administrative backlog, by reducing the number of field office appointments needed for issuing ADIT stamps. If you have an expired green card or one that will be expiring soon, our immigration law office can assist with filing your I-90 renewal or apply for naturalization, while maintaining proof of your valid status in the United States.