USCIS Announces Automatic 36-Month Extension Provision for Green Card Holders With Pending I-90 Applications

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will automatically extend the validity of permanent resident cards (green cards) for lawful permanent residents who have filed Form I-90, Application to Replace Permanent Resident Card, for thirty-six months beyond the green card expiration date.

Previously, USCIS had permitted a twenty-four-month extension of green card validity for those with pending I-90 applications. This twelve-month increase (from twenty-four months to thirty-six months) in the automatic extension period is indicative of increasing cycle times at USCIS, particularly for green card renewal applications.

Quick Hits

  • Effective September 10, 2024, USCIS has automatically extended the validity of green cards of lawful permanent residents for thirty-six months, provided they have properly filed Form I-90 applications to renew their expiring or expired green cards.
  • USCIS has begun printing amended Form I-90 receipt notices reflecting the new thirty-six-month extension language.
  • The new Form I-90 receipt notice and the expired green card will be required to demonstrate eligibility for the thirty-six-month extension.

To benefit from this new policy, green card holders must properly file Form I-90 to renew an expiring or expired green card. Applicants who have already received I-90 receipt notices listing a twenty-four-month extension will be sent an amended receipt notice from USCIS containing new language regarding the thirty-six month extension. USCIS started printing these amended receipt notices on September 10, 2024.

To demonstrate work authorization and continued status, green card holders will need: (1) an amended or original receipt notice providing for the thirty-six-month extension, and (2) the expired green card. Those who do not receive an amended I-90 receipt notice containing the new thirty-six-month extension language may wish to consider contacting USCIS to request this notice, if it is urgently required to document status and/or work authorization.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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