LOOKING AFTER YOUR GREEN CARD

 

 

A Green Card is the status that is accorded to an alien that gives him/her the privilege of legally residing and working in the United States permanently as a lawful immigrant. He/she is known as a lawful permanent resident (LPR).

Green Cards are now officially called permanent residence cards or I-551 cards – they were previously known as alien registration receipt cards.

However, this does not mean that the alien is a citizen of the United States and is able to lose his residency if he/she does not follow the requirements laid down by the law.

 

An alien is able to obtain permanent residence status if he/she qualifies under one of the following categories:

a)       Family sponsored immigration

b)       Employment based immigration

c)       Diversity immigrants

d)       Refugees and Asylees

 

There are also certain special categories of immigrants such as

a)       Recent University Graduates

b)       Physicians

c)       Registered Nurses

d)       International Adoptions

e)       Religious Workers

 

The most important part of applying for Green Card status is that that the alien must have an intent to make the United States his/her permanent place of residence.

 

This article deals mostly with the administrative aspect of the Green Card (alien registration card).

 

The INS periodically updates the features of the green card so as to make it more effective against forgery and counterfeiting. The current version of the Green Card (Form I-551) is rose colored on its face side and contains the person’s photograph, signature and index fingerprint. The reverse side is shaded from pink to blue across the top portion and has a white portion at the bottom, which contains machine-readable information. The most important feature of the new card is that it now has a ten-year expiration date.

 

Filing an Application to Replace an Alien Registration Card

 

To replace an alien registration card, for any reason, the application must be made by submitting a completed Form I-90 together with two identical color photographs taken within the last 30 days, to the INS district office. However, it must be noted that some district INS offices require the application to be mailed, whereas others require that the application be made in person. The applicant must check the policy of his/her particular office before submitting the application.

The alien also has to fill in Form I-89 that requires his/her signature and fingerprint impression and this must be done in person at the INS office. Therefore, those who mail in their Form I-90 will be given a date on which they would have to come to the INS office for filling in Form I-89. This may sometimes be waived if the person is very old or has some physical disability that prevents him/her from being able to come in person.

 

After due completion of the formalities, the papers will be sent to the Texas card facility center for a new card to be processed. The alien must wait for at least three to six months before inquiring about non-receipt of his/her card. Sometimes, an applicant may have to fill in more than couple of Form I-90s before he/she finally receives his/her new card.

 

Reasons for Applying to Replace an Alien Registration Card

 

Applications for applying for a new card may be made for any one of the following reasons:

 

a)       the original card has not been received after the alien was admitted as a LPR

b)       the original card has been lost, stolen or destroyed

c)       the original card has been mutilated

d)       conditions on the card have to be removed

e)       the information on the card is incorrect and needs to be changed

f)         the person has changed his/her name or any other biographic data

g)       to renew a card that is expiring

h)       the person has turned 14 years of age

i)         to replace a photograph which no longer looks like the bearer

j)         the person has an older edition of the card and needs to replace it with the current type

k)       the person’s status has been adjusted to LPR

l)         if the alien was a commuter and is now taking up actual permanent residence in the U.S.

 

Inquiring about the Status of the Green Card

 

If, after three to six months, the alien has not yet received the green card, he/she should go to the nearest INS district office and fill in Form G-731. This is the inquiry form used to trace the green care paperwork. Now, however, the alien may send the form directly to the Immigration Card Facility (ICF), but only after at least 90 days have passed since adjustment of status or at least 60 days from entering the U.S. on an immigrant visa obtained at a U.S. Consulate abroad.

 

Lost, Stolen or Destroyed Green Cards

 

Green Cards may sometimes get lost or stolen. They may even get destroyed or mutilated or simply wear out with age. In any of these cases, the alien must apply for a new card. If the old card is mutilated or worn out, it must be attached to the Form I-90 along with the new photographs and the filing fee of $110 and submitted to the local INS office.

 

If you are outside the United States and lose your card, contact the nearest American Consulate.

 

Removing of Conditions on the Green Card

 

When an alien spouse is granted an immigrant visa, there are certain conditions that apply for the first two years after his/her entry into the United States. These conditions may be removed after two years, by the couple submitting a joint petition within the 90-day period immediately preceding the green card expiration. If the marriage has been terminated due to death or divorce, or if the immigrant spouse is a victim of domestic abuse, he/she may apply to the INS for a waiver of the joint petition requirements. To remove the conditions, Form I-751 or I-752 must be used along with Form I-90 for a new alien registration card.

 

Information on the Green Card requires to be Changed

 

Information on the green card must be changed if:

i)                     The card was received with incorrect information, such as wrong spelling of the name, wrong date of admission, wrong “A’ number, etc. (No filing fee is necessary.)

ii)                   The alien has changed his/her name through a judicial decree or through marriage. (A filing fee of $110 is required.) A copy of the court order reflecting the new name or a copy of the marriage certificate should be attached.

 

Renewal of Expired Green Cards

 

Green Cards, which have been issued between 1979 and 1988, do not have expiration dates and do not need to be renewed at this time. INS is planning to develop an orderly plan for replacing these cards at a future date.

 

However, in 1989, the INS started the policy of having a ten-year expiry date for the green card. This was done with a view to update the security features on the card to prevent forgery and misuse. However, this does not mean that the status of the individual changes in any way – it is only the card itself that expires and must be updated with a new photo and fingerprints.

 

Applications for replacement cards may be filed up to six months prior to the expiration date mentioned on the I-551 card. With effect from June 20, 2000, Green Card renewal applicants will have the convenience of a one-stop, walk-in service at their local INS Application Support Centers (ASCs). Renewal applicants are hence required to apply in person at a local ASC and must bring with them

 

In addition renewal applicants whose name has been legally changed, for any reason, must bring documentation of the change (eg. marriage certificate, court order etc.) and renewal applicants who received their Green Card before their 14th birthday and are now over 14, must be fingerprinted and would need to pay the $25 fingerprinting fee.

There are a few exceptions to the new ASC applications procedures. Click here to read details.

 

The application will be reviewed on-the-spot for completeness and accuracy and if found to be in order, the INS will attach a sticker on the expired/expiring Green Card, extending the validity. This may be used as evidence by the applicant as temporary proof of lawful resident status for employment and travel purposes. The current average processing time is about 5 months.

 

If the green card has already expired, there is no penalty, but it must be renewed as soon as possible. Without a valid Green Card the alien would have difficulty in re-entering the U.S. and also in obtaining employment and benefits. If any person cannot afford the application fee of $110, he/she may put in an appeal for a fee waiver.

 

If an application for Naturalization has been submitted more than 6 months prior to the card’s expiration there is no need to also apply to renew the Green card and pay the renewal fee.

 

Click here to read the INS article on Green Card Renewals at Local ASCs.

Click here to read FAQs by the INS on Green Card Renewals at Local ASCs.

Click here to read Replacement of Green Cards in New York District.

 

When a Permanent Resident turns 14 years of Age

 

An alien who reaches 14 years of age must apply for a new green card on Form I-90, together with the required photographs, within 30 days of his/her 14th birthday. In addition, he/she must also submit a full fingerprint chart. This application must be filed with the INS local office that has jurisdiction over the alien’s place of residence. A filing fee of $110 as well as a fee of $25 for the fingerprinting service must be sent along with the form.

 

Temporary Proof of Status

 

To obtain temporary evidence of status, all applicants should go to their local INS office with their expiring green card & a passport if they have one. If they do not have a passport, they should bring with them one additional photograph so that a temporary document (Form I-94 with photograph) can be created & issued on site.

 

NOTE: If an applicant presents an expired passport, the INS will stamp it. However, this documentation is not acceptable for employment verification purposes. Applicants can present to employers a valid stamped passport or Form I-94 with photograph, or any of the other documents listed on the Form I-94 (Employment Eligibility Verification Form). Accordingly, applicants who require temporary documentation for employment purposes should inform the INS officer of this fact when they come to the local INS Office.

 

In-Person Procedures

 

Most INS offices require applicants to come in person to submit their completed Form I-90 along with the filing fee of $110. This is so that the fingerprinting as well as temporary proof of status may be carried out immediately. Applicants should also bring along their current green card.

 

Mail In Procedures

 

Certain INS offices (New York, Newark, Chicago, San Francisco, Houston, San Antonio & El Paso) have established mail-in procedures for submitting Form I-90. Applicants should mail in the completed Form I-90, $110 for the filing fee (check, money order or bank draft only – no cash should be mailed), a photocopy of the front and back of the current green card and two new photographs. Upon receiving a complete application, the district officer will schedule renewal applicants for an office appointment so that they can submit in person their current green card & receive their temporary proof of status. Applicants who require temporary documentation before their schedule may request it from their local INS office.

 

Photograph Requirements

 

Two identical, natural color photographs of the alien taken within 30 days of the application must be submitted along with the Form I-90. The photos must have a white background, be unmounted, printed on thin paper and be glossy and not retouched. They should show a three-quarter frontal profile showing the right side of the face with the right ear visible. The head should be bare, unless wearing a headdress required by a religious order of which the applicant is a member. The photos should be 2 X 2 inches, with the distance from the top of the head to just below the chin about 1¼ inches. The A# should be written on the back of the photo in pencil.

 

Fingerprints

 

Applicants of 14 years of age and above must submit his/her fingerprints on Form FD-258. The Alien Registration Number must be filled in the space marked “Your No. OCA” or “Miscellaneous No. MNU”. The chart should then be taken to a police station, sheriff’s office, and office of the INS or other reputable organization for fingerprinting. The applicant must then sign the chart in front of the person taking the fingerprints. That person must also sign his/her name, title and date in the space provided. The fingerprint chart should not be bent, folded or creased.

 

General Instructions

 

All questions must be answered by typing or clearly printing in black ink. If an item is not applicable, write N/A. If the answer is ‘none’, write ‘none’. If extra space is required to answer ant item, attach a sheet of paper with you name and alien registration number (A#) and indicate the number of the item to which the answer refers. Every application must be properly signed and accompanied by the correct fee and all the required documents. If a person is under 14 years of age, the parent or guardian may sign the application on his/her behalf.

 

Note: Any foreign language document must be accompanied by a full English translation, along with a certificate from the translator stating that the translation is complete and correct and that the translator is competent to translate from the foreign language into English.

 

 

The information in this article is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice and does not establish an attorney-client relationship between The Law Offices of Cyrus S Nallaseth and the viewer.