USCIS Updates Policy to Automatically Extend Green Cards for Naturalization Applicants (merged)

[Mike E 11,723]

https://www.uscis.gov/newsroom/alerts/uscis-updates-policy-to-automatically-extend-green-cards-for-naturalization-applicants

 

Release Date 

12/09/2022

 

Effective Dec. 12, 2022, U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manualto allow USCIS to automatically extend the validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents who have applied for naturalization.

 

This update (PDF, 307.54 KB) is expected to help naturalization applicants who experience longer processing times, because they will receive an extension of lawful permanent resident (LPR) status and may not need to file Form I-90, Application to Replace Permanent Resident Card (Green Card). LPRs who properly file Form N-400, Application for Naturalization, may receive this extension without regard to whether they filed Form I-90. USCIS will update the language on Form N-400 receipt notices to extend Green Cards for up to 24 months for these applicants. The receipt notice can be presented with the expired Green Card as evidence of continued status as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9), if presented before the expiration of the 24-month extension period provided in the notice.

 

Prior to this change, under USCIS policy, naturalization applicants who did not apply for naturalization at least six months before their Green Card expiration date needed to file Form I-90, Application to Replace Permanent Resident Card (Green Card), to maintain proper documentation of their lawful status. Applicants who applied for naturalization at least six months prior to their Green Card expiration were eligible to receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport, which served as temporary evidence of their LPR status. This policy was based on the processing goal of 180 days or six months for Form N-400s, which would make filing Form I-90 unnecessary for applicants who filed at least six months before their Green Card expiration date. This policy update recognizes USCIS’ current processing times, while improving flexibility and efficiency by reducing the number of ADIT stamp appointments in field offices and the number of Form I-90s filed, which allows for these resources to be focused on other immigration benefit adjudications.

 

The extension will apply to all applicants who file Form N-400 on or after Dec. 12, 2022. LPRs who filed for naturalization prior to Dec. 12 will not receive a Form N-400 receipt notice with the extension. If their Green Card expires, they generally must still file Form I-90 or receive an ADIT stamp in their passport, in order to maintain valid evidence of their lawful permanent resident status. Lawful permanent residents who lose their Green Card generally must still file Form I-90, even if they have applied for naturalization and received the automatic extension under this updated policy. This is because noncitizens must carry within their personal possession proof of registration, such as the Green Card and any evidence of extensions or may be subject to criminal prosecution under INA 264(e). Applicants who require an ADIT stamp may request an appointment at a USCIS Field Office by contacting the USCIS Contact Center.

 

Visit the Policy Manual Feedback page to comment on this update. For more information, visit our Replace Your Green Card page. For questions specific to employment, please see I-9 Central.

[beloved_dingo 1,934]

Oh wow. I wonder if this will apply to those with concurrent I-751 filings and eliminate the frustrating issue of trying to get an ADIT stamp for some people who get lost in I-751 limbo for 2+ years.

 

My husband is eligible for N-400 now. The online application is almost done, so we will definitely wait until after 12-12-22 to see if the receipt has this language. 

[Mike E 11,723]

1 minute ago, beloved_dingo said:

Oh wow. I wonder if this will apply to those with concurrent I-751 filings and eliminate the frustrating issue of trying to get an ADIT stamp for some people who get lost in I-751 limbo for 2+ years.

That was my thought. It depends whether the 2 year extension is dated to the date N-400 was filed or from the expiration date of the 2 year green card.

[Dashinka 23,274]

2 minutes ago, beloved_dingo said:

Oh wow. I wonder if this will apply to those with concurrent I-751 filings and eliminate the frustrating issue of trying to get an ADIT stamp for some people who get lost in I-751 limbo for 2+ years.

 

My husband is eligible for N-400 now. The online application is almost done, so we will definitely wait until after 12-12-22 to see if the receipt has this language. 

I was wondering the same thing.  Hopefully this does apply to those that chose to file the N400 while the I751 is pending, but given USCIS, probably not.

[beloved_dingo 1,934]

3 minutes ago, Dashinka said:

I was wondering the same thing.  Hopefully this does apply to those that chose to file the N400 while the I751 is pending, but given USCIS, probably not.

It's sad how little faith we are able to have in their ability to be helpful or efficient. 

Well, if we end up filing N-400 in the next week or so, I'll certainly update here if there is any extension mentioned on my husband's receipt notice. 

[Rearviewmirror 377]

https://www.uscis.gov/newsroom/alerts/uscis-updates-policy-to-automatically-extend-green-cards-for-naturalization-applicants

 

I'm not sure how this works for those with pending I-751s?

[Crazy Cat 39,336]

27 minutes ago, Rearviewmirror said:

https://www.uscis.gov/newsroom/alerts/uscis-updates-policy-to-automatically-extend-green-cards-for-naturalization-applicants

 

I'm not sure how this works for those with pending I-751s?

From my interpretation, it doesn't.  It regards filing of I-90s.   USCIS doesn't seem to care that I-751 processing is taking well beyond 24 months (extension letter).   I-751 filers still have to get an ADIT stamp if needed.

 

"Prior to this change, under USCIS policy, naturalization applicants who did not apply for naturalization at least six months before their Green Card expiration date needed to file Form I-90, Application to Replace Permanent Resident Card (Green Card), to maintain proper documentation of their lawful status."

Edited December 10, 2022 by Crazy Cat

[iwannaplay54 985]

25 minutes ago, Rearviewmirror said:

https://www.uscis.gov/newsroom/alerts/uscis-updates-policy-to-automatically-extend-green-cards-for-naturalization-applicants

 

I'm not sure how this works for those with pending I-751s?

I-751 approval precedes naturalization.  Suggested to treat your I-751 as a separate case and get your renewal stamp as if you never filed N-400.

[Rearviewmirror 377]

6 minutes ago, iwannaplay54 said:

I-751 approval precedes naturalization.  Suggested to treat your I-751 as a separate case and get your renewal stamp as if you never filed N-400.

I think where I'm not certain is if you have filed your I-751, received the 24 month for extension, then file N400 12 months later (before I-751 is approved) - will you get the 24 months extension letter for the N400 application?

[Crazy Cat 39,336]

3 minutes ago, Rearviewmirror said:

I think where I'm not certain is if you have filed your I-751, received the 24 month for extension, then file N400 12 months later (before I-751 is approved) - will you get the 24 months extension letter for the N400 application?

Extension letters extend the date printed on the Green Card.  They don't extend previous extension letters.  Filing an I-751 already gets a 24 month extension letter.

Edited December 10, 2022 by Crazy Cat

[iwannaplay54 985]

5 minutes ago, Rearviewmirror said:

I think where I'm not certain is if you have filed your I-751, received the 24 month for extension, then file N400 12 months later (before I-751 is approved) - will you get the 24 months extension letter for the N400 application?

 

2 minutes ago, Crazy Cat said:

Extension letters extend the date printed on the Green Card.  They don't extend previous extension letters.  Filing an I-751 already gets a 24 month extension letter.

That is my interpretation.  Suggested to get stamped extension before the 24 month I-751 extension expires.

[Dashinka 23,274]

Already posted yesterday.  I agree, this seems to only apply to those filing an I90 to renew a 10 yr. GC.

 

 

[Crazy Cat 39,336]

I don't think USCIS will issue an extension letter to extend the extension already granted by filing an I-751.  Extension letters, to my knowledge, extend the date on the Green card.

[JeanneAdil 6,209]

1 hour ago, Rearviewmirror said:

I think where I'm not certain is if you have filed your I-751, received the 24 month for extension, then file N400 12 months later (before I-751 is approved) - will you get the 24 months extension letter for the N400 application?

doesn't apply to those who filed for naturialation before the 12th of December /just those that file after 

[retheem 553]

2 hours ago, JeanneAdil said:

doesn't apply to those who filed for naturialation before the 12th of December /just those that file after 

In other news congrats to your country. You  made Africa proud