NO EXPIRATION DATE GREEN CARDS STILL VALID
By Michael J. Gurfinkel Esq.

As previously reported, on August 22, 2007, the USCIS published a proposed regulation, which would require lawful permanent residents (green card holders) to replace green cards that have no expiration dates (Form I-551).

However, recently, USCIS issued a press release clarifying that this proposed rule “in no way affects the current validity of these permanent resident cards. Permanent residents who possess these cards may continue to use them as proof of permanent residency when traveling, when seeking employment, and at anytime such proof is required.”

Many immigrants with “no expiration date” green cards were wondering if and when they must replace those green cards, and whether they could still travel outside the U.S. on their existing “no expiration” date green cards. While it seem inevitable that the proposed rule will eventually become “final”, USCIS has now clarified that, at the present time, these green card holders may still use their no expiration date green cards. The USCIS explained that it has received hundreds of comments on this proposed rule, which they will review and consider, after which USCIS will publish a final rule. However, “USCIS cannot provide a time frame for when the review will be concluded or when the final rule will be published.” Once that final rule is published, USCIS will explain the procedure to replace those green cards, as well as set the time period during which USCIS will accept applications to replace these cards. “To date, no time frame has been set”.

While the USCIS emphasizes its belief that “the replacement of these cards is vital to the security of the immigration process” (because new cards will provide the agency with an opportunity to update the photograph and biometrics of the green card holder), I personally believe that it may be some time before this proposed rule becomes final. The reason is that USCIS estimates that there are hundreds of thousands of green card holders with the no expiration date green card. USCIS is already overloaded and swamped with a mountain of filings that occurred in mid 2007 (just before filing fee increases and during the July/August time period when the priority date for EB-3 was “current”). It may be that USCIS is not yet equipped (in terms of staffing) to handle the additional workload that would be caused by the hundreds of thousands of immigrants currently holding the no expiration date green card. However, stay tuned for any further developments on this item.

In addition, if any green card holder has any past crimes or immigration fraud, they could encounter problems when renewing any green card, even those with expiration dates. That is why it is important that you consider seeking the advice and assistance of a reputable attorney in renewing your green card.


WEBSITE: www.gurfinkel.com

Four offices to serve you: PHILIPPINES: 894-0258 or 894-0239;
LOS ANGELES: (818) 543-5800; SAN FRANCISCO: (415) 538-7800;
NEW YORK: (212) 808-0300