Effective December 12, 2022, U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual to allow USCIS to automatically extend the validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents who have applied for naturalization.
Beginning December 12, 2022, a Form N-400 receipt notice will contain language providing an automatic 24-month extension of the Permanent Resident Card. The receipt notice can be presented with the expired Permanent Resident Card as evidence of continued status as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9), if presented before the expiration of the 24-month extension period provided in the notice. This update is expected to help naturalization applicants who experience longer processing times, because they will receive an extension of lawful permanent resident status and may not need to file Form I-90, Application to Replace Permanent Resident Card (Green Card).
The extension will apply to all applicants who file Form N-400 on or after December 12, 2022. LPRs who filed for naturalization prior to December 12 will not receive a Form N-400 receipt notice with the extension. If their Green Card expires, they generally must still file Form I-90 or receive an ADIT stamp in their passport, to maintain valid evidence of their lawful permanent resident status. Lawful permanent residents who lose their Green Card generally must still file Form I-90, even if they have applied for naturalization and received the automatic extension under this updated policy. This is because noncitizens must carry within their personal possession proof of registration, such as the Green Card and any evidence of extensions or may be subject to criminal prosecution under INA 264(e).