As a Miami immigration lawyer, I often advise my green card clients that they are responsible for replacing their green card. Below are some frequently asked questions:
Do I have to replace my green card? If so, how?
If you are a permanent resident who needs to replace your green card or a conditional resident who needs to replace your two-year green card for any of the reasons listed below, you or your Miami immigration lawyer may begin the application process for a replacement green card by:
- Online E-Filing Form I-90, Application to Replace Permanent Resident Card.
- Filing a paper Form I-90, Application to Replace Permanent Resident Card by mail.
If you have any questions as to this process, I would advise you to speak with a Miami immigration lawyer for more information.
What happens if I am outside the U.S. and have lost my green card?
If you are outside the U.S. and have lost your green card, contact the nearest U.S. 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 green card with a 10-year expiration date from the date it is issued. Again, you should consider speaking with a Miami immigration lawyer if you have any questions about this process.
When should I replace my green card?
You will need to replace your green 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 (unless your card expires before your 16th 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- You have a previous version of the alien registration card (e.g., USCIS Form AR-3, Form AR-103 or Form I-151 – all no longer valid to prove your immigration status) and must replace it with a current green card
- Your card contains incorrect information
- 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 U.S. Citizenship and Immigration Services (USCIS)
You should not wait to run into immigration problems before replacing your green card. Be proactive – ask your Miami immigration lawyer if you have any questions.
What does the law say about having to replace my green card?
Section 264 of the Immigration and Nationality Act (INA) states, “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 says, “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…” The specific requirements and procedures for applying to renew an expiring green card are contained in the Code of Federal Regulations [CFR] at 8 CFR section 264.5.
If you would like more information on replacing your green card, please contact Miami immigration lawyer Michael G. Murray, Esq. at (305) 895-2500 or visit our website at www.mmurraylaw.com.