Quick Summary: USCIS announced a policy that can help some lawful permanent residents whose Green Cards have expired while their naturalization applications are pending. Beginning December 12, 2022, an N-400 receipt notice may extend the validity of an expired Permanent Resident Card for 24 months. To use the extension, the person must present both the expired Green Card and the N-400 receipt notice.

This update may reduce the need for some naturalization applicants to file a separate Form I-90 while they wait for a decision on Form N-400. The policy described here applies to N-400 applications filed on or after December 12, 2022.

What This USCIS Update Is About

A Permanent Resident Card, often called a Green Card, is evidence that a person has lawful permanent resident status in the United States. Adults age 18 and older generally must carry proof of that status.

USCIS issued this policy update for people who apply for U.S. citizenship through naturalization using Form N-400. The update addresses a common concern: a person’s Green Card may expire while USCIS is still processing the naturalization application.

According to the policy alert, USCIS updated its N-400 receipt notice so that it can provide an automatic 24-month extension of the Green Card’s validity. The 24 months are measured from the “Card Expires” date printed on the Green Card.

Who May Be Covered

This policy is for lawful permanent residents who file Form N-400, Application for Naturalization. It applies to N-400 applications filed on or after December 12, 2022.

The policy alert explains that the receipt notice can extend the validity of the Permanent Resident Card even if the applicant has not filed Form I-90, the application generally used to replace a Permanent Resident Card.

Whether this update applies in a particular situation depends on the person’s filing and documents. Ventresca & Ventresca LLP encourages individuals to review their N-400 receipt notice carefully and keep it with their expired Green Card.

What Documents Should Be Presented

The N-400 receipt notice does not replace the expired Green Card by itself. USCIS states that the receipt notice must be presented together with the expired Permanent Resident Card.

When both documents are presented before the 24-month extension period ends, they serve as valid, unexpired evidence of lawful permanent resident status. The policy alert also states that the documents may serve as evidence of identity and employment authorization for Form I-9 purposes.

In simple terms, people who are covered should keep both documents available: the expired Green Card and the N-400 receipt notice showing the extension.

How This May Affect Form I-90

Before this policy change, a lawful permanent resident with an expired Green Card generally needed to file Form I-90 or take other steps to obtain proof of status while waiting on a naturalization application.

Under the policy described in the alert, some applicants with a pending N-400 may not need to file Form I-90 during the 24-month extension period. This can reduce an additional filing for people whose documents meet the policy requirements.

The policy alert does not say that every person with an expired or missing Green Card should take the same action. It explains only the effect of the N-400 receipt notice and its 24-month extension for covered applicants. If a Green Card has been lost, or if the person’s documents or filing history are different, it is important to consider the specific facts before deciding what to do.

Why USCIS Made the Change

USCIS explained that it received public comments requesting an automatic extension because of naturalization processing times. The agency said the change can give applicants more flexibility while reducing the need for certain in-person appointments, Form I-90 filings, and status-related inquiries.

For applicants, the practical point is straightforward: an expired card does not always mean a person has no current proof of permanent resident status. A qualifying N-400 receipt notice may extend the card for a limited time when used with the expired card.

Steps to Take If Your Green Card Is Expiring

• Check the expiration date printed on your Permanent Resident Card.
• If you filed Form N-400, review your USCIS receipt notice for the extension language.
• Keep the receipt notice with your expired Green Card.
• Pay attention to the end of the 24-month extension period stated in the notice.
• Seek guidance if your card is lost, your notice does not include the extension, or your circumstances are not clear.

Ventresca & Ventresca LLP is a Wexford, PA law firm that follows immigration updates from USCIS and other official sources. Immigration matters can involve important timing and document questions, so clear information and prompt action matter.

FAQ

Does an N-400 receipt notice extend every expired Green Card?

The policy alert states that, beginning December 12, 2022, a Form N-400 receipt notice provides an automatic 24-month extension for applications filed on or after that date. The receipt notice must be presented with the expired Green Card.

How long is the extension?

The extension is for 24 months from the “Card Expires” date printed on the Permanent Resident Card.

Do I need to file Form I-90 if my N-400 is pending?

The USCIS policy alert says naturalization applicants may not need to file Form I-90 while Form N-400 is pending because of the 24-month extension provided by the receipt notice. Individual circumstances can differ.

Can I use the expired Green Card and receipt notice for employment verification?

USCIS states that the N-400 receipt notice and expired Green Card together are valid, unexpired evidence of lawful permanent resident status, identity, and employment authorization under List A of Form I-9 when presented before the extension period expires.

What if my Green Card is lost or my documents do not match this policy?

This policy alert does not address every possible document situation. It is important to review the facts of your case and the documents you have received from USCIS.

If this USCIS update affects a pending or planned naturalization matter, contact Ventresca & Ventresca LLP to discuss your situation with our responsive Pennsylvania attorneys.