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INS WILL ISSUE STICKERS FOR EXPIRING GREEN CARDS

With INS backlogs on issuing renewed green cards showing no sign of abating, the INS has announced a plan to alleviate the inconvenience suffered by the agency’s customers.  To cope with one-plus year delays, the INS has created stickers that will extend the validity of the cards. 

The expiration process has created a great deal of confusion.  Formerly, green cards were issued for life, but in 1989 the government made drastic revisions in the green card designed to prevent counterfeiting.  Green cards are now valid for 10 years, and since the first of these cards were issued in 1989, they are now expiring.  The INS admits that it has not been able to make everyone understand that an expired green card in no way affects a person’ immigration status.  There have been reports of permanent residents being denied benefits to which they are entitled because their green card has expired.  

The stickers will be given to people when they turn in an application for a new green card, and will be valid for one year, which should be enough time for the official replacement to be created.  Already some INS offices are receiving a number of applications for green card renewals every day. And the numbers are expected to continue to climb since more cards were issued in 1990 that 1989.

The American Immigration Lawyers Association offered a stern criticism of the INS’ green card renewal efforts. According to AILA, the INS renewal process does not address several potential problems for immigrants. Under the 1996 immigration laws, INS inspectors can order an immigrant detained or immediately deported if they doubt the validity of the immigrant’s travel documents, or if they believe that a lengthy absences from the U.S. amounted to an abandonment of permanent residence. Also, the 1996 immigration laws redefine, and retroactively apply those definitions, to the offenses for which immigrants may be deported.

“Thus, anyone with an arrest record – including arrests for what seemed minor offenses at the time, and anyone who has spent significant time outside the U.S. since obtaining permanent residence – should seek legal counsel before applying for a new green card,” AILA president Jeanne Butterfield said.

Another concern is that the green card renewals could further increase the already tremendous backlogs in naturalization petitions and family unity adjudications. “We consider it a potential major problem. For the past few years, the backlogs in the numbers of people seeking to become naturalized or reunited with their family members have increased dramatically. Now the agency needs to not only reduce these backlogs, but also process 660,000 green card renewals. Something has got to give. AILA is concerned about the INS’ ability to issue new green cards, while still continuing to process other applications in the pipeline,” Butterfield said.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

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Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
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