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USCIS Extends Green Card Validity for 36 Months While Form I-90 Applications Are Pending

By Anna Reiff ‡ on September 20, 2024
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USCIS has extended green card validity for lawful permanent residents who are awaiting the approval of their Form I-90, Application to Replace Permanent Resident Card. Initially, USCIS extended green card validity by 12 months for applicants who filed Form I-90 while their renewal applications were pending. In September 2022, USCIS further extended the automatic extension period to 24 months. For further details on this change, refer to our earlier blog post.

The Latest Extension: 36 Months

On Sept. 18, 2024, USCIS announced another extension, this time increasing the automatic validity of green cards to 36 months while the Form I-90 application is pending.

How the Extension Works

  • Receipt Notice as Proof of Status: After filing Form I-90, the receipt notice, combined with the expired green card, serves as evidence of valid permanent resident status.
  • Updated Receipt Notices: If an applicant previously received a 24-month extension and the I-90 is still pending, USCIS may send the applicant an amended receipt notice reflecting the new 36-month extension.
  • Replacing a Green Card: If an applicant filed Form I-90 to replace the physical green card, he or she must schedule an appointment at a USCIS field office to obtain an I-551 stamp (also known as an Alien Documentation, Identification, and Telecommunication (ADIT) stamp) in a valid passport as temporary proof of permanent resident status.

Traveling with an Expired Green Card

USCIS reminds individuals that if they plan to travel outside the United States, they will need either:

  1. An expired green card and the I-90 receipt notice showing a valid automatic extension, or
  1. An ADIT/I-551 stamp in the passport along with the I-90 receipt notice if the permanent resident no longer has the physical green card.

USCIS also has updated its guidance for employers completing Form I-9.

Photo of Anna Reiff ‡ Anna Reiff ‡

Anna Reiff provides assistance to clients in the practice of business immigration law. Anna worked as a family and business immigration paralegal for two years after completing her undergraduate education at New York University. There, she worked on a large variety of immigration…

Anna Reiff provides assistance to clients in the practice of business immigration law. Anna worked as a family and business immigration paralegal for two years after completing her undergraduate education at New York University. There, she worked on a large variety of immigration matters including H-1Bs, L-s, TNs, Os, Ks, and both family- and employment-based Adjustment of Status applications. While attending The George Washington University Law School, Anna interned with the DOJ Office of Immigration Litigation where she furthered her interest in the practice of immigration law. Anna has experience connecting and communicating with clients to ensure that their immigration matters proceed smoothly and efficiently.

‡ Admitted in Maryland. Not admitted in Virginia. Practice limited to federal immigration practice.

Read more about Anna Reiff ‡Email
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  • Posted in:
    Immigration
  • Blog:
    Inside Business Immigration
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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