U.S. Citizenship and Immigration
Your Complete Guide
~ Updates and Errata ~
October 1999
page 66
The U.S. Department of state has issued a final rule
regarding Affidavits of Support. It has clarified that a consular officer
MAY DENY an immigrant visa application even where an applicant files a
completed and documented I-824 affidavit of support. In comments to the
rule, the Department stated:
- "The rule makes clear that although Form I-864 is a necessary
part of certain immigrant visa applications, it is not, in and of
itself, wholly adequate to find that an applicant satisfies the public
charge requirements. It is a threshold requirement necessary to begin
public charge considerations, but it is not an end. This is not to say,
however, that a sufficient affidavit of support is not given great
weight in the Consular Officer's determination. In many cases, the
affidavit will be enough to issue a visa. And, in the event the Consular
Officer finds the affidavit of support inadequate, a Consular Officer is
instructed to be sure that there is a clear, well- documented basis for
the determination that the applicant is likely to become a public
charge.
Where's my Green Card?
Many people have become permanent residence, but still haven't received their permanent resident card. The reasons for the delay vary. Here's the latest from the USCIS regarding where to inquire if the USCIS approved your application for residence, but you still haven't received your card.
Where to inquire re I-551
IF the applicant applied for and received approval of an adjustment of status application after interview at the District Office, OR, if the interview was waived and the AOS application was direct mailed and approved at the Service Center, that person''s card production is processed by the Service Center that approved the I-485 (AOS application) or the Center that has jurisdiction over the District Office where the case was interviewed and approved. Only that Service Center can handle inquiries about these cards, and, only if the District Office properly processed the case after the interview and forwarded it to the Center. The only exception to this is that all AOS applications under Sec. 209 by asylees or refugees, are processed at the Nebraska Service Center.
IF the applicant applied for and received an approval of an I-90 for a replacement card, or an I-751 petition to remove conditions from residence, those card requests are processed through the local District Offices and forwarded to the Service Center that has jurisdiction over the location of the District Office. Only the SERVICE CENTERS can handle inquiries about these cards and ONLY if the District Office properly processed the case after the I-751 interview, or the I-90 prescreening and forwarded it to the Center.
The location of the ICPS machine that actually produces the card is irrelevant. The controlling factor with regard to where inquiries should be directed is the Center where the case is PROCESSED.
All IMMIGRANT VISA CASES are processed at the TSC
All SECTION 209 ADJUSTMENT ASYLUM/REFUGEE CASES are processed at the NSC
About ten years ago, the USCIS began issuing permanent resident cards valid for only ten years. Holders of these cards must apply for new cards. Even if your card expires, you remain a permanent resident. It is the card that has expired, not your permanent residence status.
The USCIS has issued the following instructions regarding applying to replace your card.
The Immigration and Naturalization Service (USCIS) is reminding lawful permanent residents who were issued a "Green Card" (Form I-551 Alien Registration Receipt Card) with an expiration date approximately 10 years ago that their card will be expiring in the near future and they will need to renew it. USCIS will enable Green Card renewal applicants to receive one-stop service by implementing mail-in and walk-in application procedures, depending on where the applicant lives (see Procedures below).
Lawful permanent residents with an expiring Green Card will not lose their legal status in the United States -- their lawful permanent resident status will not expire or change. However, they will need to renew their expiring Green Card in order to maintain acceptable evidence of their permanent resident status and avoid possible difficulties in obtaining employment, benefits, and re-entry into the United States after traveling abroad. Green Card renewal applicants will receive temporary evidence of their lawful permanent resident status when they go to their local USCIS office.
Green Card holders can apply up to six months prior to the expiration date of the card. However, there is no need for applicants to rush to apply for a new card too far in advance since they will be issued temporary proof of their status when they visit their local office. A temporary stamp will be placed in the applicant's passport or -- for applicants without a passport -- a temporary document with photograph will be issued. Temporary proof of status will be valid for one year.
In the fall of 1989, USCIS began issuing Green Cards with 10-year expiration dates indicated on the front of the card. USCIS estimates that up to 660,000 lawful permanent residents will need to renew their Green Cards during the next 12-14 months. To handle this volume of work and concurrently improve customer service, USCIS will implement improved procedures during the course of the next several months to progressively make the renewal process more accessible to customers and gradually reduce the wait time for a new card.
(more) In the interim, procedures are in place to accommodate Green Card renewal applicants and ensure one-stop service -- which means that applicants will only need to visit their local USCIS office once, if their application is complete and correct.
To renew their Green Card, applicants should complete a Form I-90 "Application to Replace a Permanent Resident Card" -- which they can obtain by calling USCIS' toll-free forms request line 1-800-870-3676 or by accessing the USCIS website at www.ins.usdoj.gov. To maximize service to customers, USCIS has implemented mail-in application procedures in some areas, specified below. Mail-in applicants will be scheduled to appear at their local USCIS office for processing at a later date. In all other locations, applicants should submit their completed application in person.
Temporary Proof of Status
To obtain temporary evidence of
their status when they go to their local USCIS office, all applicants
should bring with them their expiring Green Card and 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 (a stamped Form
I-94 with photograph) can be created and issued on-site. [NOTE: If an
applicant presents an expired passport the USCIS will stamp it; however,
this documentation is not acceptable for employment verification
purposes. Applicants can present to employers an unexpired stamped
passport or Form I-94 with photograph, or any of the other documents
listed on the Form I-9 (Employment Eligibility Verification Form).
Accordingly, applicants who require temporary documentation for
employment purposes should inform the USCIS officer of this fact when they
come to the local USCIS office.]
Mail-In Procedures
Mail-in application procedures have been established in New York, Newark, and Chicago and will begin in San Francisco, Houston, San Antonio and El Paso by the end of this month. These district offices will conduct a public outreach campaign in their local communities to announce the specifics of their mail-in procedures.
In all mail-in locations, applicants should mail their completed Form I-90, but should not include their expiring Green Card. Along with their application, they should send a $110 filing fee, a front-and-back photocopy of their expiring Green Card, and two photographs (as specified in the Form I-90 instructions). Upon receiving a complete application, district offices will schedule renewal applicants for an office appointment so that they can submit in person their expiring Green Card and receive their temporary proof of status. Applicants who require temporary documentation before their scheduled appointment may request it from their local USCIS office.
In-Person Procedures
In all other locations, applicants
should submit their completed Form I-90 in person to their local USCIS
office. Along with their application, they should submit a $110 filing
fee, two photographs (as specified in the Form I-90 instructions), and
their expiring Green Card.
Question & Answers
How do I know if I need to renew my Green Card?
Since 1989, "Green Cards" (Form I-551 Alien Registration Receipt Card) were issued with an expiration date on the front of the card that indicated a 10-year validity. If you were issued your Green Card about 10 years ago and the card has an expiration date on it, you should check the expiration date to see when your card needs to be renewed.
Do I need to renew my Green Card if it was issued between 1979 and 1988 but does not have an expiration date?
No. Green Cards issued between 1979 and 1988 do not have expiration dates and do not need to be renewed at this time. USCIS will develop an orderly plan for replacing these cards at a future time.
Will I lose my permanent resident status if I do not renew my Green Card?
No, you will not lose your permanent resident status if you do not renew your Green Card -- permanent resident status will not expire or change. However, you are required by law to carry evidence of your status/registration (e.g. a valid, unexpired Green Card or the temporary proof of status you receive at the time of filing to renew your Green Card.)
What will happen if I don't renew my expiring Green Card?
If you fail to renew your expiring card, you may experience difficulties in obtaining employment, benefits, and re-entry into the United States from abroad. When you apply to renew your card at your local USCIS office, you will receive temporary evidence of your lawful permanent resident status.
How do I apply to renew my Green Card?
To renew your Green Card, you should complete a Form I-90 "Application to Replace a Permanent Resident Card" -- which you can obtain by calling USCIS' toll-free forms request line 1-800-870-3676 or by accessing the USCIS website at www.ins.usdoj.gov. To maximize service to customers, USCIS has implemented mail-in application procedures in some areas, specified below. In all other USCIS offices applicants should submit their completed application in person.
Mail-In Procedures Mail-in application procedures have been established in New York, Newark, and Chicago and will begin in San Francisco, Houston, San Antonio and El Paso by the end of this month. These district offices will conduct a public outreach campaign in their local communities to announce their mail-in programs. (more) In all mail-in locations, applicants should mail their completed Form I-90, but should not include their expired Green Card. Along with their application, they should mail in a $110 filing fee, a front-and-back photocopy of their expiring Green Card, and two photographs (as specified in the Form I-90 instructions). Upon receiving a complete application, district offices will schedule renewal applicants for an office appointment so that they can submit in person their expiring Green Card and receive their temporary proof of status. Applicants who require temporary documentation before their scheduled appointment may request it from their local USCIS office.
In Person Procedures In all other locations, applicants should submit their completed Form I-90 in person. Along with their application, they should submit a $110 filing fee, two photographs (as specified in the Form I-90 instructions), and their expiring Green Card.
How can I obtain temporary proof of status while I wait to receive my new Green Card?
To obtain temporary evidence of your status, when you go to your local USCIS office you (both mail-in and in-person applicants) should bring with you your expiring Green Card and a passport, if you have one. If you do not have a passport you should bring with you a third photograph so that a temporary document can be created and issued on-site. [NOTE: If you present an expired passport the USCIS will stamp it; however, this documentation is not acceptable for employment verification purposes. You can present to employers an unexpired stamped passport or Form I-94 with photograph, or any of the other documents listed on the Form I-9 (Employment Eligibility Verification Form). Accordingly, if you require temporary documentation for employment purposes should inform the USCIS officer of this fact when they come to the local USCIS office.]
How long will it be before I receive my new Green Card?
Currently, it takes about 10-12 months to receive your new Green Card. However, you will be issued temporary proof of your lawful permanent resident status when you go to your local USCIS office.
Since USCIS is improving its Green Card renewal procedures progressively during the course of the next year to improve customer service and speed card issuance, should I wait to renew my Green Card until later in the year?
USCIS will implement improved procedures during the course of the next year to progressively make the renewal process more accessible to customers and gradually reduce the wait time for a new card.
While you can apply to renew your card up to six months in advance of its expiration date, there is no need to rush to apply for a new card too far in advance. When you go to your local USCIS office, you will be issued temporary proof of your lawful permanent resident status that will be valid for one year. Since you will receive this temporary documentation the same day you go to your local USCIS office, there is no need to file too far in advance of the expiration date.
(more)
What should I do if my Green Card has already expired? Will the USCIS penalize me for renewing my card after it expired?
If your Green Card has already expired, you should apply to renew your card as soon as possible. The USCIS will not penalize you for renewing your card after it has expired.
What do I use for documentation of my lawful permanent resident status while I wait for my new card?
You will be issued temporary proof of your lawful permanent resident status when you turn in your expiring Green Card at your local USCIS office. You should bring your passport and a temporary stamp will be placed in your passport. If you do not have a passport, you should bring an additional photograph and you will be issued a temporary document (a stamped Form I-94 with photograph) on-site. This temporary proof of status will be valid for one year. [NOTE: If an applicant presents an expired passport the USCIS will stamp it; however, this documentation is not acceptable for employment verification purposes. Applicants can present to employers an unexpired stamped passport or Form I-94 with photograph, or any of the other documents listed on the Form I-9 (Employment Eligibility Verification Form). Accordingly, applicants who require temporary documentation for employment purposes should inform the USCIS officer of this fact when they come to the local USCIS office.]
What if my temporary proof of status expires before I receive my new Green Card?
If your temporary proof of status expires before you receive your new Green Card, you should return to your local USCIS office to update your documentation.
What will happen if I present an expired Green Card when I try to reenter the United States after traveling abroad, or when I obtain a new job, or when I apply for entitlement benefits?
* Re-entry into the United States from abroad: To the extent possible, apply for your new Green Card before you travel and bring with you on any trip the temporary documentation you receive at the time of filing to renew your Green Card. If after traveling abroad you try to re-enter the United States with an expired Green Card, you may experience a delay during the inspection process at the port-of-entry. * Obtaining employment: While employers will not accept an expired Green Card to verify employment authorization for new hires, you may use other documents listed on the Form I-9 (Employment Eligibility Verification Form), or the temporary documentation you receive at the time of filing to renew your Green Card other than a stamp placed in an expired passport. [NOTE: If an applicant presents an expired passport the USCIS will stamp it; however, this documentation is not acceptable for employment verification purposes. Applicants can present to employers an unexpired stamped passport or Form I-94 with photograph, or any of the other documents listed on the Form I-9 (Employment Eligibility Verification Form). Accordingly, applicants who require temporary documentation for employment purposes should inform the USCIS officer of this fact when they come to the local USCIS office.]
(more)
* Applying for benefits: Your status as a lawful permanent resident has not changed. Therefore, your eligibility for benefits will not change. The temporary documentation that you receive upon filing to renew your Green Card is sufficient evidence to verify your legal status.
What if I cannot afford the application fee, or I am ill or disabled and cannot go to my local USCIS office?
If you cannot afford the fee you may request a fee waiver according to standard procedures. If you are unable to appear in person because you are confined due to advanced age or physical disability, you may contact your local USCIS office to request accommodations.
What if I filed to renew my expired Green Card under mail-in procedures and I need to obtain temporary proof of status immediately, before my scheduled appointment to come to the local USCIS office?
All USCIS offices have developed procedures designed to handle such situations. You should contact your local USCIS office and ask for assistance.
Why does the USCIS put 10-year expiration dates on Green Cards?
The USCIS began implementing 10-year expiration dates on Green Cards in 1989 to allow the agency to update photo identification and implement new card technologies that will increase the card's resistance to counterfeiting and tampering.
What should I do if I've already applied for naturalization and my card is expiring? Do I still need to renew my Green Card and pay the $110 renewal application fee?
USCIS is exploring alternatives under which you can defer applying for a new Green Card if you have applied for naturalization more than six months prior to your card's expiration. Until these changes are in place, you need not apply to renew your Green Card. In the meantime, if you are in the process of obtaining new employment you may use other documents listed on the Form I-9 (Employment Eligibility Verification Form) for employment authorization purposes. If you need a new Green Card for employment or benefits verification purposes, you should apply and pay the $110 filing fee to renew your expiring Green Card.
What if I applied for naturalization less than six months before my card expires, or I choose to apply for naturalization instead of applying to renew my Green Card?
You will still need to apply and pay the $110 filing fee to renew your expiring Green Card and ensure that you have evidence of your legal status.