EB-1, E-2 Visa for NIEs during Covid

Automatic Extension of Green Cards for Certain Naturalization Applicants

By Zeenat Phophalia, Immigration Attorney, D&A

Effective December 12, 2022, US Citizenship and Immigration Services (USCIS) will grant an automatic extension of the validity of Permanent Resident Cards (green cards) for lawful permanent residents (LPRs) who have applied for naturalization by properly filing Form N-400, Application for Naturalization, on or after this date.

Green card holders who file the N-400 may receive a 24-month extension regardless of filing the Form I-90 – application for green card renewal.  The Form N-400 receipt notice can be presented with the expired green card as evidence of continued status as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9) (within the 24-month extension period).

Under USCIS’ prior policy, applicants who did not apply for naturalization at least six months before their green card expiry had to file Form I-90 to maintain their status; applicants who had applied for naturalization at least six months prior were eligible to receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport, which served as temporary evidence of their LPR status. 

LPRs who filed for naturalization prior to December 12, 2022 will not receive a Form N-400 receipt notice with the extension.

USCIS is providing this extension in an effort to cut down on the lengthy I-90 processing times that can sometimes impact a green card holder’s I-9 employment verification process.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.

Leave a Reply