Green Card Replacement

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Greencard - US / Irish Immigration Questions

Green Card Replacement

August 30, 2007

By Debbie McGoldrick

FROM time to time this column has received questions from permanent residents whose green cards did not come with an expiration date.

Such cards were issued during the 10 year period from 1979-1989. Since 1989 all cards have 10-year expiration dates, and must be renewed as that time approaches to facilitate proof of legal residence here and all the benefits that entails, particularly foreign travel. The primary reason for instituting renewable green cards is to implement continually changing technologies to make the cards fraud and tamper proof.

Those with unexpired green cards have been permitted to travel abroad and to use the cards as proof of residency, but last week USCIS announced a plan that would require the nearly 750,000 holders of such cards to replace them with the updated model.

According to an agency press release, USCIS published a rule in the Federal Register that would mandate these green cards with new ones during a 120 day filing period. “The change would allow USCIS to issue more secure permanent resident cards, update cardholder information, conduct background checks, and electronically store applicants’ fingerprint and photographic information,” said the release.

In August 1989, the old Immigration and Naturalization Service (INS) began issuing new cards with a 10-year expiration date and required residents to apply periodically for a new card.

Those with old cards would have to file for a new one using USCIS Form 1-90, and provide photos and fingerprints at application support centers across the U.S. “(The centers) and new automated filing procedures would give USCIS the ability to process a large number of applications during a short period of time,” says the agency.

The proposed rule on the plan is available for public comment at www.regulations.gov until September 21 of this year.

In the meantime, holders of the aforementioned green cards can immediately choose to replace their cards with the updated version, which might be a wise course of action to take given that, sooner or later, the USCIS plan will be implemented. If not, the current cards are still valid proof of identification.

Naturalization is also an option that’s worth considering, as all of the affected green card holders would likely have accumulated the required five year continuous residency period in the U.S.

What are the legal ramifications if a green card holder chooses not to update a card? According to USCIS, “It’s important to note that any permanent resident 18 years of age or older is required to carry a valid permanent resident card. Failure to do so can result in a fine or imprisonment. However, we do not anticipate taking such action at this time. Rather than emphasizing possible punitive actions that can be taken, we would encourage cardholders to consider the benefits of complying by filing timely.”

Not applying for a new card is nonsensical, especially if foreign travel is on the itinerary. I just returned home from a short trip to Ireland, and my passport and photo were scrutinized thoroughly by U.S. Customs and Border Patrol agents upon return. (Not to mention the passport of my daughter, who has a different surname, another cause of mild grief when being re-admitted to the country. Thank goodness we look alike!)

For more information on green card renewal and naturalization, visit www.uscis.gov.

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