policy update

USCIS Extends Green Card Validity After Filing For Renewal

by
Extension to Automatic Renewal of Green Card After Filing for Replacement or Renewal on Form I-90

Effective Sept. 10, 2024, U.S. Citizenship and Immigration Services automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 36 months for lawful permanent residents who file a Form I-90, Application to Replace Permanent Resident Card.    A Form I-90 receipt notices had previously provided a 24-month extension of the validity of a Green Card.    Lawful permanent residents who properly file a Form I-90 to renew an expiring or expired Green Card may receive this extension. USCIS has updated the language on Form I-90 receipt notices to extend the validity of a Green Card for 36 months from the expiration date on the face of the current Green Card for individuals with a newly filed a Form I-90 renewal request. On September 10, 2024, USCIS began printing amended receipt notices for individuals with a pending Form I-90 application.    These receipt notices can be presented with an expired Green Card as evidence of continued status. This extension is expected to help applicants who experience longer processing times, because they will receive proof of lawful permanent resident status as they await their renewed Green Card.   Evidence of Green Card If you no longer have your Green Card and you need evidence of your lawful permanent resident status while waiting to receive your replacement Green Card, you may request an appointment at a USCIS field office by contacting the USCIS Contact Center, and we may issue you an Alien Documentation, Identification, and Telecommunications (ADIT) stamp after you file Form I-90.    For more information, visit our Replace Your Green Card page.    When Must a Green Card be Replaced? If you are a lawful permanent resident, you must replace your Green Card if: If you are a conditional permanent resident, you must replace your Green Card if: Old Versions of LPR Card That are No longer Valid If you have a previous version of the noncitizen registration card (for example, USCIS Form AR-3, Form AR-103 or Form I-151), you must replace it with a current Green Card. LEGAL AUTHORITY 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 replace a Green Card are contained in the Code of Federal Regulations (CFR) at 8 CFR section 264.5. WHAT IS A USCIS FORM I-551? A Form I-551 is the physical card that is issued as proof of a person’s legal permanent resident status. It is the actual “green card.” It has changed several times of the years so it is no longer green but it is still referred to as a green card by most. <- 2017 Card The 2011 Edition of the Form I-551 An LPR can also get an I-551 or AUDIT Stamp in their passport as temporary proof of status while waiting for a new card. 1960’s Green Card

Third Gender Option Added to Form N-400, Application for Naturalization

by
USCIS adds an option for a third gender on application

The 04/01/24 edition of Form N-400 is the first USCIS form to include the “X” gender option. Today, April 1, 2024, US Citizenship and Immigration Services (USCIS) has made a big announcement that we hope isn’t a bad April Fool’s Day joke of some kind. USCIS’ update to their policies take effect immediately. Applicants filing the 04/01/2024 edition of Form N-400 on or after April 1, 2024, will have the option of choosing “m” (for male), “f” (for female), or “X” as a gender option on the form. USCIS issued a Policy Alert on April 1, 2024, PA-2024-08, which explains this change to the Department of Homeland Security’s policy. This is reflected in an update to the USCIS Policy Manual as well. What is “X” Gender? The X gender marking is intended for applicants who neither identify as being male nor female. This would be a blanket option covering any non-binary or gender fluid individuals who do not feel comfortable being referred to as a male or a female. Any gender that isn’t male or female would fall into this category. From the Policy Alert, “USCIS has determined that it will define “X” as “Another Gender Identity” for purposes of USCIS forms and secure identity documents. Transgender individuals have already had the option to select the gender they identify with per an earlier change to policy that allows for noncitizens to change their gender on USCIS ID documents quite easily without needing to provide any evidence. However, updating one’s gender on a certificate of naturalization that has already been issued can be a bit more tricky, so any applicant that may wish to change the gender that appears on their USCIS documents should do that before their certificate of naturalization is issued if possible. Will This Change Be Coming To All USCIS Forms? At the moment the change has only been made on the Form N-400. However, this change will be coming to other USCIS forms in the future, which they have confirmed in the Policy Alert stating: “USCIS anticipates that the additional gender option “X” will become available upon each form’s revision to incorporate the change, beginning with the Application for Naturalization (Form N-400).” USCIS Policy Alert, Availability of Additional Gender Options for Certain Benefit Requests, April 1, 2024; PA-2024-08 When Will This Option Become Available on Other USCIS Forms? According to the Policy Alert, “USCIS anticipates that the additional gender option “X” will become available upon each form’s revision to incorporate the change, beginning with the Application for Naturalization (Form N-400).” USCIS recommends that to determine what gender options are available for a particular form in the future, see the relevant USCIS form and related instructions. What if my N-400 is Already Pending? USCIS addressed this concern in the Policy Alert stating that Applicants who have a pending Form N-400 using the edition in effect before April 1, 2024, may request to update their gender on or after April 1, 2024, as well. Is there an X Gender Option if I am Requesting Residency or Another Immigration Benefit? For all other forms, individuals must wait until USCIS revises those forms to include the X gender option. USCIS explains this in the alert. The good news is that they also indicated that the change will be coming for other forms.