Maintaining your status as a lawful permanent resident in the United States is crucial, and your Green Card is primary proof of this status. It’s essential to know when and How To Replace your Green Card to ensure you can continue to live, work, and travel freely. This guide provides a comprehensive overview of the replacement process, making it easy to understand and navigate.
Understanding When You Need to Replace Your Green Card
Not all situations require a Green Card replacement. It’s important to determine if your situation necessitates applying for a new card. The reasons for replacement differ slightly between lawful permanent residents and conditional permanent residents.
For Lawful Permanent Residents
You are required to replace your Green Card if any of the following apply:
- Expiration or Near Expiration: Your Green Card has expired or will expire within the next six months. It’s best to start the replacement process well before the expiration date to avoid any disruption to your legal status evidence.
- Lost, Stolen, Mutilated, or Destroyed Card: If your Green Card has been lost, stolen, damaged, or destroyed, you will need to replace it immediately.
- 14th Birthday Requirement: If you received your Green Card before turning 14 years old, you must replace it once you reach your 14th birthday, unless your current card expires before your 16th birthday. This is due to biometric updates required at this age.
- Change from Commuter to Resident Status: If you were previously commuting to the U.S. but have now established actual residency within the United States, you need to update your Green Card.
- Change from Resident to Commuter Status: Conversely, if you were residing in the U.S. and are now taking up commuter status, you also need to replace your Green Card.
- Automatic Status Conversion: If your status was automatically converted to permanent resident status, such as for special agricultural workers, and you have an older card, you should obtain a current Green Card.
- Outdated Alien Registration Cards: Previous versions of alien registration cards like USCIS Form AR-3, Form AR-103, or Form I-151 are no longer valid proof of immigration status. You must replace these with the current Green Card.
- Incorrect Information on Card: If there are errors in the information printed on your current Green Card, such as misspelled names or incorrect dates, you need to apply for a replacement to correct these inaccuracies.
- Legal Name or Biographic Information Change: If you have legally changed your name or other biographical information since you received your last Green Card, you must replace your card to reflect these legal changes.
- Never Received Previous Card: If USCIS issued a Green Card to you previously, but you never actually received it, you will need to apply for a replacement card.
For Conditional Permanent Residents
Conditional permanent residents also need to replace their Green Card in certain situations:
- Lost, Stolen, Mutilated, or Destroyed Card: Similar to lawful permanent residents, if your card is lost, stolen, damaged, or destroyed, replacement is necessary.
- Incorrect Information on Card: If your Green Card contains incorrect information, you should apply for a replacement to ensure accuracy.
- Legal Name or Biographic Information Change: If you have legally changed your name or other biographic information, a replacement card is needed to reflect these changes.
- Never Received Previous Card: If a Green Card was issued to you but never received, you must apply for a replacement.
It’s important to note that if you are a conditional permanent resident and your Green Card is expiring due to the conditional period ending, you do not use Form I-90 to replace it. Instead, you must file Form I-751, Petition to Remove the Conditions on Residence to remove the conditions on your permanent resident status.
Step-by-Step Guide: How to Replace Your Green Card
The process for how to replace your Green Card involves submitting Form I-90, Application to Replace Permanent Resident Card, to U.S. Citizenship and Immigration Services (USCIS). You have the option to file either online or by mail.
Filing Form I-90
You can access Form I-90 and begin your application process on the USCIS website.
Online Filing
Filing online offers several advantages:
- Convenience: You can apply from a computer, phone, or tablet at any time.
- Confirmation: You receive immediate confirmation that USCIS has received your application.
- Case Tracking: You can easily track the status of your application online and receive updates.
- Direct Communication: Online accounts facilitate direct communication with USCIS regarding your case.
To file online, you will need to create a USCIS online account at https://myaccount.uscis.gov/. Follow the prompts and instructions provided on the website to complete and submit Form I-90 electronically.
Filing by Mail
If you prefer to file by mail, you can download Form I-90 from the USCIS website, complete it, and mail it to the appropriate USCIS address based on the form instructions. Mailing addresses vary depending on the category under which you are applying. Ensure you check the Form I-90 instructions carefully to mail your application to the correct location.
Alt Text: USCIS Form I-90 Application to Replace Permanent Resident Card example form cover page, highlighting the official document for Green Card replacement.
Using Your Receipt Notice as Temporary Proof
After filing Form I-90, you will receive a receipt notice from USCIS. This receipt notice can be very important, especially if you are renewing an expiring Green Card.
Automatic Extension: For applicants renewing their Green Card, the receipt notice, when presented together with your expired Green Card, automatically extends the validity of your permanent resident status for 36 months from the expiration date on your Green Card. This allows you to continue to work and travel while you are waiting for your new Green Card. The receipt notice itself will state this extension.
ADIT Stamp: If you no longer possess your Green Card and need evidence of your permanent resident status while your replacement application is pending, you may be able to get an Alien Documentation, Identification & Telecommunications (ADIT) stamp. To request an ADIT stamp, you may need to schedule an appointment at a USCIS field office after you have filed Form I-90.
Biometrics Appointment
In some cases, USCIS may require you to submit biometrics (fingerprints, photograph, and signature). If biometrics are required, USCIS will mail you a separate appointment notice with the date, time, and location of your biometrics appointment. It is crucial to attend this appointment as scheduled. The initial receipt notice for Form I-90 is not a biometrics appointment notice.
Checking Your Application Status
You can easily monitor the progress of your Form I-90 application online using the USCIS Case Status Online tool. It is advisable to wait at least 72 hours after filing your application before checking your status. You will need your receipt number, which is provided on your Form I-90 receipt notice, to access your case information. The Case Status Online tool can be found at: https://egov.uscis.gov/casestatus/landing.do.
For any immigration-related questions or if you need further assistance, you can contact the USCIS Contact Center at 800-375-5283. For TTY for the deaf, hard of hearing, or those with speech disabilities, the number is 800-767-1833. When contacting USCIS, be prepared to provide information such as your name, date of birth, receipt number, and Alien Registration Number (A-Number) to help them locate your case details.
What If Your Application Is Denied?
If USCIS denies your Form I-90 application, they will send you an official letter explaining the reasons for the denial. It is important to understand that you cannot directly appeal a denial of Form I-90. However, you have options to ask USCIS to re-examine their decision.
Motion to Reopen: You can file a motion to reopen your case if there are new facts and evidence that were not available at the time of the original decision. Your motion must clearly state these new facts and include supporting evidence.
Motion to Reconsider: You can file a motion to reconsider if you believe that USCIS incorrectly applied immigration law or policy when denying your application, or that the decision was wrong based on the evidence already in your file.
For detailed information on motions to reopen and reconsider, visit the USCIS Appeals and Motions webpage: https://www.uscis.gov/forms/all-forms/questions-and-answers-appeals-and-motions.
Need Help? Resources for Green Card Replacement
Navigating the Green Card replacement process can be complex. Here are resources available to assist you:
- Legal Services: If you need legal advice, USCIS provides a webpage on finding legal services, including free or low-cost options: https://www.uscis.gov/archive/finding-free-legal-advice.
- DOJ Recognized Organizations: The Department of Justice (DOJ) Recognition and Accreditation Program lists organizations that may offer help in preparing your application. You can find this list at: https://www.justice.gov/eoir/recognition-and-accreditation-program.
- USCIS Contact Center: For general questions and guidance, the USCIS Contact Center is a valuable resource.
Important Information to Note
Outdated Green Cards: Remember that older versions of the alien registration card (Form AR-3, Form AR-103, or Form I-151) are no longer valid. Replacing these with a current Green Card is essential.
Legal Requirement to Carry Your Green Card: U.S. law requires all permanent residents over 18 years of age to carry their Green Card or alien registration receipt card with them at all times as proof of their lawful permanent resident status. Failure to do so can be a misdemeanor under the Immigration and Nationality Act (INA).
Legal Basis: The regulations concerning Green Cards are based on Section 264 of the Immigration and Nationality Act and 8 CFR section 264.5. These legal references outline the requirements and procedures for alien registration and Green Card issuance and replacement.
Conclusion
Replacing your Green Card is a necessary process in certain situations to maintain valid proof of your permanent resident status. By understanding when replacement is required and following the step-by-step guide for filing Form I-90, you can navigate this process effectively. Always rely on official USCIS resources and seek help from recognized legal services if needed to ensure a smooth and compliant application.
