A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Friday, December 9, 2022

Automatic Extension of Green Card After Filing for Naturalization

 


If your green card is expiring soon, applying for naturalization can save you the trouble of extending your green card.  Effective 12/12/2022, USCIS will automatically extend the validity of green cards for legal residents who have properly submitted an N-400 Application for Naturalization. 

Generally, U.S. legal residents are required to file an application (Form I-90) to extend their green cards within 6 months before expiration.  When a legal resident is also eligible for naturalization, she may also submit the N-400 application to apply for U.S. citizenship.  For many years, USCIS has an informal policy that allows legal residents to bypass the I-90 application if they have submitted an application for naturalization within six months of the green card's expiration.  However, without proper proof of legal status, legal residents would encounter problems when they travel internationally or apply for jobs. They would have to make an appointment with a local USCIS office to request for a temporary green card "ADIT" stamp on their passport.

The new policy aims at resolving these issues by affirmatively extending legal residents' green cards when they have properly submitted the N-400 application.  Starting 12/12/2022, legal residents who properly file for naturalization will receive automatic extension of their green cards for up to 24 months. USCIS will update the language of the N-400 receipt notices to reflect this change.  These receipt notices can be presented with the expired green card as evidence of these applicants' eligibility to work and to travel. 




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