Saturday, August 11, 2012

How to RENEW or REPLACE Your Green Card - 101

Renewal

Forms:

  •  Form I-751, Petition to Remove the Conditions on Residence 
  •  Form I-90, Application to Replace Permanent Resident Card 

Green Card (Permanent Resident Card) 

A Permanent Resident Card, commonly known as a green card, is evidence of your status as a permanent resident with a right to live and work permanently in the United States. It also is evidence of your registration in accordance with U.S. immigration laws. A green card is also called Form I-551. 

Versions of Green Card That Are No Longer Valid 

If you have a previous version of the alien registration card (e.g., USCIS Form AR-3, Form AR-103 or Form I-151), you must replace it with a current green card. 

When to RENEW a Green Card 

You should renew your green card if you are a permanent resident with a Form I-551 valid for 10 years and the card is either expired or will expire within the next 6 months. 

Note: If you are a conditional resident and your status is expiring, these instructions do not apply to you. In that case, you must use Form I-751, Petition to Remove the Conditions on Residence, to apply to remove the conditions on your permanent resident status. You can read the Removing Conditions Guide for step by step directions. 

How to Apply To Renew a Green Card 

If you are a permanent resident whose 10-year Form I-551 has expired or will expire within the next 6 months, you may renew your green card by filing a Form I-90, Application to Replace Permanent Resident Card

How to Renew a Green Card If You Are Outside the United States 

If you are outside the United States and your green card will expire within 6 months (but you will return within 1 year of your departure from the United States and before the card expires), you should file for your renewal card as soon as you return to the United States. 

If you are outside of the United States when the card expires and you have not applied for the renewal card prior to your departure, you should contact the nearest U.S. Consulate, USCIS office, or U.S. port of entry before attempting to file Form I-90 for a renewal green card. 

How to Find Out The Status Of Your Application 

You may check the status of your application online at “My Case Status”. Please remember that an e-filed receipt number may not be available through “My Case Status” for 72 hours. If you have immigration-related questions, you may call the USCIS National Customer Service Center (NCSC) at 1-800-375-5283. You should be prepared to provide the USCIS staff with specific information about your application, such as your receipt number, Alien Registration Number, name and date of birth. 

How to Appeal If Your Application Is Denied 

If your application for renewing your green card is denied, you will receive a letter that will tell you why the application was denied. You will not be allowed to appeal a negative decision. However, you may submit a motion to reopen or a motion to reconsider with the same office that made the unfavorable decision. By filing such a motion, you may ask the USCIS office to reexamine or reconsider its decision. 

A motion to reopen must state the new facts that you would provide if your case is reopened and must include appropriate documentary evidence. A motion to reconsider must establish that the decision to deny your application was based on incorrect application of law or immigration policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made. 

What the Law Says 

Section 264 of the Immigration and Nationality Act (INA) states, "Every alien in the United States . . . shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations . . .." It also says, "Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him . . .. Any alien who fails to comply with [these provisions] shall be guilty of a misdemeanor ..." The specific requirements and procedures for applying to renew an expiring green card are contained in the Code of Federal Regulations [CFR] at 8 CFR section 264.5. 



How to REPLACE a Green Card



If you are a permanent resident who needs to replace your green card or a conditional resident who needs to replace your two-year green card for any of the reasons listed below, you may begin the application process for a replacement green card by:

 Online E-Filing Form I-90, Application to Replace Permanent Resident Card.
 Filing a paper Form I-90, Application to Replace Permanent Resident Card by mail.

If you are outside the U.S. and have lost your green card, contact the nearest U.S. consulate, USCIS office or port of entry before attempting to file a Form I-90. If your Form I-90 application is approved, you will be mailed a replacement green card with a 10-year expiration date from the date it is issued.



When to Replace A Green Card

You will need to replace your green card if:

 Your previous card was lost, stolen, mutilated or destroyed
 Your card was issued to you before you were 14 and you have reached your 14th birthday (unless your card expires before your 16th birthday)
 You have been a commuter and are now taking up actual residence in the United States
 You have been a permanent resident residing in the United States and are now taking up commuter status
 Your status has been automatically converted to permanent resident status (this includes Special Agricultural Worker applicants who are converting to permanent resident status)
 You have a previous version of the alien registration card (e.g., USCIS Form AR-3, Form AR-103 or Form I-151 – all no longer valid to prove your immigration status) and must replace it with a current green card
 Your card contains incorrect information
 Your name or other biographic information on the card has been legally changed since you last received your card, or
 You never received the previous card that was issued to you by U.S. Citizenship and Immigration Services (USCIS)

How to Find Out the Status Of Your Application

You may check the status of your application online at “My Case Status” (see the link to the right). If you have immigration-related questions, you may call the USCIS National Customer Service Center (NCSC) at 1-800-375-5283. You should be prepared to provide the USCIS staff with specific information about your application, such as your receipt number, Alien Registration Number, name and date of birth.

How to Appeal If Your Application Is Denied

If your application for a replacement green card is denied, you will receive a letter that will tell you why the application was denied. You will not be allowed to appeal a negative decision. However, you may submit a motion to reopen or a motion to reconsider with the same office that made the unfavorable decision. By filing such a motion, you may ask the office to reexamine or reconsider its decision.

A motion to reopen must state the new facts that you would provide if your case is reopened and must include appropriate documentary evidence. A motion to reconsider must establish that the decision to deny your application was based on incorrect application of law or immigration policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made. For more information, see “How Do I Appeal the Denial of Petition or Application?” link to the right.

Getting Help

If you need advice, see the “Finding Legal Advice” link to the right. You may contact the USCIS District Office near your home for a list of organizations that may be able to assist you in preparing your application. To locate the office serving your area, see the "Find a USCIS Office" link to the right.

What The Law Says

Section 264 of the Immigration and Nationality Act (INA) states, "Every alien in the United States . . . shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations . . ." It also says, "Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him . . .. Any alien who fails to comply with [these provisions] shall be guilty of a misdemeanor..." The specific requirements and procedures for applying to renew an expiring green card are contained in the Code of Federal Regulations [CFR] at 8 CFR section 264.5.

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