INS PREPARES TO DEAL WITH EXPIRING GREEN CARDS

The INS has issued a memorandum outlining the process it will use for processing applications for renewals of expiring green cards.  These guidelines will apply for a few months only, until the Service’s comprehensive plan goes into effect in 2000. 

Renewal of a green card requires the legal permanent resident (LPR) to submit Form I-90 “Application to Replace Alien Registration Receipt Card.”  The fee for this form is currently $110. 

Most applications for a replacement green card must be filed in person at the local INS District Office.  Only New York, Newark, and Chicago currently have mail-in procedures, although San Francisco, San Antonio, Houston and El Paso are scheduled to have such procedures by the beginning of next year.  Along with Form I-90, the applicant must also submit the expiring green card, two photographs, and another form of identification, such as a passport or driver’s license.  If the passport is expired, the applicant should submit three photos.  Upon submission, an INS officer will examine the documents and verify that the applicant is the holder of the expiring green card.  If everything is in order, the application will be sent to the appropriate Service Center for verification of permanent resident status and issuance of a replacement green card.

Because the INS will take the expiring green card when the application for a replacement is made, some form of temporary documentation is needed.  While the expiration of the green card does not terminate one’s status as a LPR, proof of status is necessary to travel, for work, and for other benefits.  The temporary documentation of status will be a stamp in a valid passport or on Form I-94, along with a photo.  If the passport is unexpired, the stamp is sufficient evidence status for Form I-9, which is used for employment verification.  If the passport is expired, the stamp should be placed on a Form I-94 white card.<ぐ颵ᇏ芻ꨀ봀௎isMultiLine>

Applicants who have filed for naturalization more than six months before the expiration date on their green card do not have to obtain a renewal of the green card.  All other naturalization applicants must file for a renewal of the green card.

The memorandum also outlines how the INS will deal with LPRs reentering the US with expired green cards.  At land ports of entry officers are to tell the entrant of the need to renew the green card and give them Form I-90.  If a District Director determines that certain land ports of entry have a significant number of LPRs returning with expired green cards, that port may be designated as an application processing point.  At seaports, officers will only tell people of the need to renew green cards, but will not accept applications.  At airports, applications for a renewal green card will be accepted, but only from LPRs who are returning from abroad. 

The INS also made clear in this memo that air carriers cannot refuse to return someone to the US because of an expired green card.

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