Green Cards Without Expiration Dates to be Replaced
By Michael J. Gurfinkel, Esq.

Since 1989, permanent resident (green) cards had been issued with a 10-year validity, at which point, the cardholder is required to apply to renew the green card. Green cards issued between approximately 1977 and 1989 had no expiration date (meaning they did not need to be “renewed”), and are still in circulation.

Earlier this year, the USCIS published a proposed rule requiring those aliens who still hold green cards without expiration dates to replace those green cards with the new, modern, more secured green card, which has a 10-year validity date. In addition, after a certain time period, the green cards without expiration dates will no longer be valid. The USCIS estimates that approximately 750,000 green card holders will be affected by this proposed rule.

Requiring these green card holders to renew or update their green cards would also allow USCIS to issue more secure permanent resident cards, update card holding information, conduct background checks, and electronically store the applicant’s fingerprints and photographic information. This is because most of the green cards without expiration dates are between 17-30 years old, and requiring these green card holders to renew their green cards can update their pictures.

Although this proposed rule is not yet “final”, and these green card holders are not yet required to renew the green cards, the USCIS strongly urges to already file the Form I-90 (application to replace green card), before the flood or tidal wave of applications start pouring in. (Under the proposed rule, the USCIS will be providing a 150-day filing period in order to replace the green card.

Given the events since September 11th, and the government’s desire to enhance and improve security, it is likely that this proposed rule will become final. After all, this will now give the Department of Homeland Security a chance re-photograph and fingerprint aliens, who may not have been photographed or fingerprints for over 17 years.

In addition, as part of the renewal process, USCIS would be conducting “background checks” on applicants. Therefore, if you have had problems with your immigration status, committed certain crimes, etc., you may want to seek the assistance of an attorney in renewing your green card, just in case there is something in your past that may create present problems.

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