Many clients ask: What if my green card expires while I’m waiting for citizenship? If your green card expires, or is about to expire, while you’re waiting for citizenship, you don’t need to worry. The USCIS has created Form I-90 specifically for the purpose of replacing an expired green card. If your green card has expired or will expire in the next six months, you can fill out Form I-90 and get a new one.
You may not use Form I-90 to replace a conditional permanent resident card that has expired, or will expire within 90 days. To replace a conditional permanent resident card that has expired, or will expire within 90 days, do the following:
· If you received your conditional permanent resident card through marriage to a U.S. citizen or lawful permanent resident, use Form I-751. Click here to see Form I-751, as well as instructions on how to file it.
· If you received your conditional permanent resident card based on your creating a new commercial enterprise, and an investment in the U.S., use Form I-829. Click here to see Form I-829, and the instructions for filing.
Here’s How to Get a New Green Card with Form I-90:
1. Go to https://www.uscis.gov/i-90.
2. You may file online or by mail.
3. If you want to file online, click the “file online” tab, and follow the instructions. You will have to create an account to file online. You don’t have to create an account to file by mail.
4. Fill out the form. On this form, you will have to provide:
Your alien registration number.
Your USCIS online account number (this applies only if you have an online account with USCIS. If you don’t have an online account, leave this line blank.)
Your full name. If your name has legally changed since you last received your green card, you must provide legal documentation of the name change. Send in this documentation when you send the form.
Your mailing address. When USCIS issues you a new green card, they will send the card to this address. USCIS will not send a green card to a foreign mailing address, only to a U.S. mailing address.
Your physical address (if different from your mailing address.)
Your gender
Your date and place of birth
Your mother and father’s names
The immigration category under which you were granted lawful admission. You can find this code on your green card. It’s usually one or two letters followed by a number (for example, IR2)
The date when you received your green card.
Your U.S. social security number, if you have one.
The reason you are filing a Form I-90 application. (You can file a Form I-90 application for many reasons. If you are filing because your green card has expired or is about to expire, check the box that says, “My existing card has already expired or will expire within six months.”)
The location where you applied for an immigrant visa or adjustment of status.
The location where USCIS issued you a visa or granted you adjustment of status.
Answer whether you have been in exclusion, deportation, or removal proceedings, or have been ordered removed from the United States.
Answer whether you have abandoned your status.
Your ethnicity and race.
Your height, weight, eye color, and hair color.
Answer whether you have any disabilities which will require you to have special accommodations at your interview.
5. You may also need to submit evidence. Evidence you need to submit may include:
· If your name has changed, you’ll need to submit evidence of the name change. Acceptable evidence would be a marriage license, divorce decree, adoption decree, or court order of name change. The document you submit must be registered with the government authority that has jurisdiction over name changes.
· If you will live outside the U.S. and commute to work inside the U.S., you will have “commuter status.” To have commuter status, you must be employed in the U.S., and submit evidence of employment in the U.S. within the past six months. This would include pay stubs, or a letter from your employer on your employer’s letterhead, documenting your employment.
· If you are currently in commuter status, and are establishing residence in the U.S., you’ll need to submit evidence of your residence in the U.S. – such as a lease agreement, property deed, or utility bills. If this evidence of residence is in your spouse’s or parent’s name, submit your marriage certificate or birth certificate.
· If you’ve been automatically converted to lawful permanent resident status, submit evidence of your temporary resident status. Submit a copy of your Form I-797 or Form I-700. You must also provide a copy of your government-issued form of
identification that contains your name, date or birth, photograph, and signature (such as your passport, driver’s license, or military ID
· If the USCIS needs more evidence, they may request it.
6. When you send the form, enclose a copy of your green card along with the form.
7. If you file by mail, send the form to:
U.S. Postal Service (USPS):
USCIS Attn: I-90 P.O. Box 21262 Phoenix, AZ 85036-1262
FedEx, UPS, and DHL deliveries:
USCIS Attn: I-90 (Box 21262) 1820 E. Skyharbor Circle S Suite 100 Phoenix, AZ 85034-4850
8. USCIS may require you to attend a biometric services appointment for an interview, or to provide fingerprints, a photograph, or a signature to verify your identity. If USCIS requires this, they will send you information telling you where to go. If you do not appear, USCIS may deny your application.
9. You will also have to pay a filing fee. As of January 17, 2022, the filing fee is $455. If USCIS requires you to attend a biometric services appointment, you will have to pay an additional $85. If you can’t afford to pay this fee, you may be eligible for a fee waiver. To apply for a free waiver, fill out Form I-912.
If your green card has expired or is about to expire, don’t despair. Take advantage of the procedure the USCIS has offered to replace your green card.
The instructions for filing Form I-90 are available here. Form I-90 is simple enough that many people can file it without an attorney. However, if you feel you need an attorney, contact the Persaud Law Office. In the past, we have successfully helped clients file Form I-90 and get a new green card.