What is a
Green Card?
A Permanent Resident Card, commonly known as a Green Card, is
evidence of your status as a lawful permanent resident with a
right to live and work permanently in the United States. It
also is evidence of your registration in accordance with United
States immigration laws. The Permanent Resident Card is also
called Form I-551.
What Does
the Law Say About Permanent Resident
Cards?
Section 264 of the Immigration and Nationality Act provides
that, "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 states, "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."
Green
Card Eligibility Check List:
You may be eligible to apply for
adjustment to permanent resident status if you are already in
the United States and if one or more of the following
categories apply to you.
You are the spouse,
parent, unmarried child under age 21, the unmarried son or
daughter over age 21, the married son or daughter, or the
brother or sister of a United States citizen and have a
visa petition approved in your behalf.
You are the
spouse or unmarried son or daughter of any age of a lawful
permanent resident and you have a family-based visa
petition approved in your behalf.
You are an alien
who has an approved visa petition filed in your behalf by
a United States employer.
You were a
fiancé who was admitted to the United States on a K-1 visa
and then married the U.S. citizen who applied for the K-1
visa for you.
You are an
asylee or refugee who has been in the United States for at
least a year after being given asylum or refugee
status.
You received
notice from the Department of State that you have won a
visa in the Diversity Visa Lottery. We encourage you to
speak with a green card lawyer today.
You are a Cuban
citizen or native who has been in the U.S. for at least a
year after being inspected, admitted, or paroled into the
United States.
You have been a
continuous resident of the United States since before
January 1, 1972 .
Your parent
became a lawful permanent resident after you were born.
You may be eligible to receive following-to-join benefits
if you are the unmarried child under age 21 of the lawful
permanent resident.
Your spouse
became a lawful permanent resident after you were
married.
Who Should
Renew a Permanent Resident
Card?
You should renew your permanent resident card if you are a
permanent resident who was issued a Form I-551 valid for ten
years, and that card is either expired or will expire within
the next six months.
Please note: If you are a Conditional Resident and your
status is expiring, these instructions do not pertain to you.
You are to use Form I-751 (Petition to Remove the Conditions on
Residence) to apply to remove the conditions on your permanent
resident status.
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Us Toll Free Now:
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How Do I
Renew My Permanent Resident
Card?
If you are a lawful permanent resident whose ten-year I-551 has
expired or will expire within the next six months, you may
renew your card by filing an Form I-90.
Please Note: This
procedure should NOT be used by lawful permanent residents who
are seeking to replace their permanent resident cards for
reasons other than expiration of the card’s ten-year validity.
For those seeking to replace their permanent resident cards for
reasons unrelated to the ten-year expiration date (e.g.,
because the card has been lost, stolen, mutilated, or because
biographical data has changed or is incorrect), please see
How
Do I Replace My Permanent Resident Card.
Exception: You
may, however, request to change your name on your new card
(because of marriage, legal name change, or divorce) at the
time you file your application for a renewal card. To do so,
you must provide a copy of your marriage certificate, divorce
decree or court order as evidence of the legal name
change.
If you are otherwise eligible, at the time you file your
Form I-90, you will be provided with temporary evidence of your
lawful permanent residence status. If your renewal application
is approved, you will be mailed a new Permanent Resident Card
with a ten-year expiration date.
How Do I
Replace My Permanent Resident
Card
Who Needs
to Replace a Permanent Resident
Card?
You will need to replace your permanent resident 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;
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 the current permanent resident card
(Form I-551);
Your card contains incorrect data;
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 the USCIS.
How Do I
Apply to Replace My Permanent Resident
Card?
If you are a permanent resident, who needs to replace your
card, or conditional resident who needs to replace your
two-year card, for any of the reasons listed above, you may
apply for a replacement card by filing a USCIS Form I-90.
Please Note: This procedure should NOT be used by lawful
permanent residents who are seeking to renew their ten-year
card only because the card is expiring or has expired. The
Service is providing separate instructions for the renewal of
expiring or expired I-551s. Please see How Do
I Renew My Permanent Resident Card.
After receiving Form I-90, read it carefully and note the
documentation and photos that must be submitted. Detailed
information is provided in the instructions for Form I-90.
Unless otherwise instructed, you should file the application
(with supporting documentation and fees) in person at the local
the USCIS office serving the area where you live. If your
status as a special agricultural worker has been automatically
converted to that of a permanent resident you should file Form
I-90 at the USCIS Service Center that serves the area where you
live.
If you are outside the U.S. and have lost your alien
registration card, contact the nearest American 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 Permanent Resident Card,Form I-551, with a
ten-year expiration date from the date of issuance.
How Do I
Obtain Temporary Evidence of My Status For Travel or
Employment Purposes, if Necessary, While the USCIS is
Reviewing My Form I-90
Application?
At the time that you are completing the fingerprint and
signature requirements (necessary for the adjudication of the
Form I-90 and the issuance of the replacement card) at the
appropriate USCIS office, you may request temporary evidence of
your permanent resident status, valid for travel and/or
employment purposes.
What If I
am Outside of the United
States?
If you are outside the United States, and your permanent
resident card will expire within six months, (but you will
return within one 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 at the time of the
card’s expiration, and you have not applied for the renewal
card prior to your departure, you should contact the nearest
American Consulate, USCIS office, or Port of Entry, before
attempting to file Form I-90 for a renewal I-551 card.
How Can I
Find Out the Status of My
Application?
To check the status of your application, please contact the
Application Support Center that receipted your application. You
should be prepared to provide the USCIS staff with specific
information about your application, such as your Alien
Registration Number, name, and date of birth.
If My Application is Denied How Can I
Appeal? If your application for
a renewal of your permanent resident 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 are to be provided in the reopened
proceeding and must be accompanied by the appropriate
documentary evidence. A motion to reconsider must
establish that the decision to deny your application was
based on an 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.
Thomas W. Goldman,
Esq.
Peter J. Loughlin,
Esq.
Just Released
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Goldman and
Loughlin, PLLC
4100 Corporate Sq.,
Suite 163 Naples, FL 34104
(239) 643-5529
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