Effective December 12, 2022, U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual to provide a 24-month automatic extension of Permanent Resident Cards (Green Cards) for lawful permanent residents (LPRs) who properly file a Form N-400, Application for Naturalization, on or after that date.

Background

Prior to this, applicants who had filed for naturalization within six months of their green card expiration were required to file Form I-90, Application to Renew or Replace Permanent Resident Card (Green Card), to maintain evidence of being a lawful permanent resident. Applicants were given an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport, which served as temporary evidence of LPR status, if they filed for naturalization more than six months before their green card expiration.

Eligibility for Automatic Green Card Extension 

The extension will apply to all applicants who file Form N-400 on or after December 12, 2022. Applicants who filed for naturalization before this date will not receive a Form N-400 receipt notice with the extension. If such an applicant’s green card expires, the foreign national is required to file Form I-90 or receive an ADIT stamp in their passport to maintain valid evidence of LPR status. Naturalization applicants who have lost their green cards must still file Form I-90, even if they have applied for naturalization and received the automatic 24-month extension, as LPRs must carry proof of registration at all times to avoid being subject to criminal prosecution under INA 264(e).

Impact on Naturalization Applicants

USCIS will update the language on Form N-400 receipt notices to extend green cards for up to 24 months for applicants who file on or after December 12, 2022, regardless of whether Form I-90 has been filed. The receipt notice, along with their expired green card, will serve as evidence of the applicant’s permanent resident status. It can also be presented as an identity and employment authorization document under List A of Form I-9, Employment Eligibility Verification, if presented before the expiration of the 24-month extension period. 

Conclusion 

The two year extension of the validity of the green card should help naturalization applicants who experience lengthy Form I-90 processing times, which have often confused permanent residents from completing the Form I-9 employment verification process or restricted their ability to travel abroad.