USCIS Will Provide Automatic Green Card Validity Extensions to Certain Naturalization Applicants

By: Nadine Chen

United States Citizenship and Immigration Services (USCIS) revised the USCIS Policy Manual on December 9, 2022, to allow certain naturalization applicants to receive an automatic extension of the validity period on their Permanent Resident (Green) Cards.

Background

Before the policy update, naturalization applicants whose Green Card would expire within six months of filing Form N-400, Application for Naturalization, were required to submit Form I-90, Application to Replace Permanent Resident Card, to maintain proof of lawful status while their naturalization applications were pending. Meanwhile, applicants who filed Form N-400 at least six months prior to Green Card expiration qualified for an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport.

The Policy Update

In consideration of COVID-19 related setbacks and other delays that have led to longer Form N-400 processing times, USCIS updated its Policy Manual to provide a naturalization applicant who properly files Form N-400 on or after December 12, 2022, will receive a receipt notice that, when presented with their Green Card, automatically extends the validity of the Green Card by 24 months from the “Card Expires” date. As such, the N-400 receipt notice along with the expired Green Card can now be submitted as evidence of continued status and proof of employment authorization under List A for Form I-9, Employment Eligibility Verification, until the 24-month extension ends.

Who is Still Required to Submit Form I-90?

Automatic extensions will only be applicable to naturalization candidates filing Form N-400 on or after December 12, 2022. Applicants who filed Form N-400 prior to December 12, 2022, will still need to file for renewal of their permanent resident card (Form I-90), to maintain evidence of their permanent residence status during the N-400 processing period.

Additionally, applicants who receive the 24-month extension are expected to provide both the Form N-400 receipt notice and their expired Green Card to prove lawful permanent residence. Therefore, if an N-400 applicant loses their Green Card, they must file Form I-90 to replace their card.

Conclusion

USCIS is expected to update and revise their policy to help relieve the backlogs caused by the pandemic. The Chugh, LLP immigration team will continue to monitor the policy changes and provide updates as they become available. For assistance filing for naturalization or case specific questions, please contact your immigration attorney.