By Brittany Chadwick-Schultz, RIS Staff Attorney

Introduction

After 10 years of use, your Permanent Resident Card is about to expire. Does this mean you are no longer a permanent resident? Have no fear; the expiration of your Permanent Resident Card does not mean the expiration of your permanent residency. The Permanent Resident Card is used as proof of your permanent resident status and serves as an identification document. Even if the card is expired, lost, or destroyed, the holder still has permanent resident status. However, without a valid, unexpired card, it may be difficult to prove permanent residency, especially for employment or re-entry to the U.S. after travel abroad. For this reason, it is important to file a Form I-90 to renew your Permanent Resident Card within 6 months of expiration or immediately if your card is lost, destroyed, or stolen.

What is Form I-90?

Form I-90 is most commonly used to renew a Permanent Resident Card (also known as a Green Card) that has already expired or will expire within the next 180 days (6 months). Form I-90 can also be used to replace a Lawful Permanent Resident Card that has been lost, stolen, damaged, or mutilated and can no longer usable to show permanent residency in the United States.

When do I file Form I-90?

The earliest an applicant can file Form I-90 is 180 days (6 months) before the expiration date listed on the bottom right corner of the Permanent Resident Card. In situations where the Permanent Resident Card has been lost, stolen, destroyed, or mutilated, an applicant should file Form I-90 as soon as possible.

What is needed to file Form I-90?

The evidence needed for the Form I-90 depends on if the form is being submitted for a replacement or renewal of the Lawful Permanent Resident Card. An approvable I-90 application for renewal of the Permanent Resident Card will include (1) the completed and signed Form I-90; (2) a copy of the front and back of the expiring or expired Permanent Resident Card; and (3) the filing fee of $465¹ or Form I-912 Request for Fee Waiver with supporting evidence.

An approvable I-90 application for a replacement of a lost, stolen, destroyed, or mutilated Permanent Resident Card will include (1) the completed and signed Form I-90; (2) a copy of the front and back of the expiring or expired Permanent Resident Card OR another form of government issued ID that has the applicant’s name, date of birth, photo, and signature (usually a passport or state issued ID like a driver’s license); and (3) the filing fee of $465² or Form I-912 Request for Fee Waiver with supporting evidence.

Applicants can also submit the Form I-90 via their myUSCIS online account for a reduced fee.

How long does it take?

Currently, U.S. Citizenship and Immigration Services (USCIS) estimates that 80% of Form I-90s submitted to renew the Permanent Resident Card are processed within 27.5 months of submission. Form I-90s submitted for the purpose of replacing a lost, stolen, destroyed or mutilated Permanent Resident Card are processed within 23 months for 80% of cases.

In acknowledgment of the long processing times for adjudication of the Form I-90, USCIS will issue an automatic extension of 36 months past the card’s expiration date. See Replace Your Green Card | USCIS. Together with the expired card, this extension notice can be used to show proof of permanent resident status as well as employment authorization for employers and other governmental organizations (such as the Department of Motor Vehicles).

The extension notice can also be used to help show permanent resident status if the applicant needs to travel abroad and the card is expired. However, admission decisions are discretionary, and the applicant may experience pushback from the airline and the Customs and Border Protection officer when traveling with an expired Permanent Resident card. It is best to wait until after the new card is received to travel if possible.

What if I receive my Green Card and my information is wrong?

Unfortunately, mistakes sometimes happen in the production of the Permanent Resident Card. Once the physical card arrives, the applicant should inspect it to see if there are any errors in the name, date of birth, resident category, or “resident since” date listed on the card. If any errors are discovered, double check the previously submitted Form I-90 to see if the same error is present on the application. If not, the error was caused by USCIS and the Form I-90 can be resubmitted at no charge. Along with a new Form I-90, USCIS requires the original card with the incorrect information and evidence documenting the correct name or biographical information. If the error was the fault of the applicant, they must file a new Form I-90 with a new filing fee.

What if my case was approved but my Green Card never arrives?

Unfortunately, Permanent Resident Cards sometimes get lost in the mail and never reach their destination. Once Form I-90 is approved, USCIS will generate a tracking number through the U.S. Postal Service (USPS). The tracking number can be found using the USCIS case status online webpage, found here : https://egov.uscis.gov/ . To avoid the Permanent Resident Card arriving to an incorrect address, it is important to update your address with USCIS as soon as possible after you change addresses. This can most easily be done by changing your address via your MyUSCIS account or by calling USCIS to report a change of address.

Please note: Form I-90 cannot be used if the applicant has been issued a conditional Permanent Resident Card that is only valid for two years. This is most common in cases where a Permanent Resident Card was issued due to marriage to a United States citizen where the marriage occurred less than two years ago or in cases of investors. Instead, the applicant must file to remove the conditions on their residency via form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. If one falls into one of these above categories and fails to remove conditions before the expiration date on the conditional Permanent Resident Card, permanent resident status may be lost.

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1 This filing fee is current as of September 17, 2024, but is subject to change. Always check USCIS’s website for correct filing fees and filing locations before submitting any application for the latest updates.
2 This filing fee is current as of September 17, 2024, but is subject to change. Always check USCIS’s website for correct filing fees and filing locations before submitting any application for the latest updates.