What is a Permanent Resident
Card?
By: Allen E. Kaye
A Permanent Resident Card, commonly known as a Green Card,
is evidence of your status as a lawful permanent resident
with a right to live and work permanently in the United States.
It also is evidence of your registration in accordance with
United States immigration laws. The Permanent Resident Card
is also called USCIS Form I-551.
Who Needs to Replace a Permanent Resident
Card?
You will need to replace your permanent resident 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;
- 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- all no longer valid to prove your immigration status)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 the current permanent resident
card (Form I-551);
- Your card contains incorrect data;
- 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 the USCIS.
What Does the Law Say?
Section 264 of the Immigration and Nationality Act provides
that, "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 states, "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" and may be subject to fine
and/or inprisonment upon each conviction. The specific requirements
and procedures for applying to replace a permanent resident
card are included in the Code of Federal Regulations [CFR]
at 8 CFR p 264.5.
Please note: If you are a conditional resident and your
status is expiring, these instructions do not pertain to you.
You are to use USCIS Form I-751 (Petition to Remove the Conditions
on Residence) to apply to remove the conditions on your permanent
resident status.
How Do I Apply to Replace My Permanent Resident
Card?
If you are a permanent resident, who needs to replace your
card, or conditional resident who needs to replace your two-year
card, for any of the reasons listed above, you may apply for
a replacement card by filing a USCIS Form I-90.
Please Note: This procedure should NOT be used by lawful
permanent residents who are seeking to renew their ten-year
card only because the card is expiring or has expired. The
Service is providing separate instructions for the renewal
of expiring or expired I-551s.
A Form I-90 can be downloaded from this site, or ordered
by calling the USCIS Forms request line at 1 (800) 870-3676,
or by submitting a request on-line. Applicants may also file
Form I-90 on-line using an Internet connection. The procedures
for forms electronically filed with the USCIS are different
than those described in the following paragraph.
After receiving Form I-90, read it carefully and note the
documentation and photos that must be submitted. Detailed
information is provided in the instructions for Form I-90.
Unless otherwise instructed, you should file the application
(with supporting documentation and fees) in person at the
local the USCIS office serving the area where you live. If
your status as a special agricultural worker has been automatically
converted to that of a permanent resident you should file
Form I-90 at the USCIS Service Center that serves the area
where you live.
If you are outside the U.S. and have lost your alien registration
card, contact the nearest American 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 Permanent Resident Card,Form I-551, with a ten-year
expiration date from the date of issuance.
How Do I Obtain Temporary Evidence of My
Status For Travel or Employment Purposes, if Necessary, While
the USCIS is Reviewing My Form I-90 Application?
At the time that you are completing the fingerprint and
signature requirements (necessary for the adjudication of
the Form I-90 and the issuance of the replacement card) at
the appropriate USCIS office, you may request temporary evidence
of your permanent resident status, valid for travel and/or
employment purposes.
How Can I Find Out the Status of My Application?
To check the status of your application, please contact
the USCIS office that received your application. You should
be prepared to provide the USCIS staff with specific information
about your application, such as the ten-digit receipt number
printed on your Form I-797, Notice of Receipt, your Alien
Registration Number, name, and date of birth. It is not possible
to check the status of your application on-line at this time.
If My Application is Denied, How Can I Appeal?
If your application for a replacement alien registration
card is denied, you will receive a letter that will tell you
why the application was denied. You will not be allowed to
appeal a negative decision. However, you may submit a motion
to reopen or a motion to reconsider with the same office that
made the unfavorable decision. By filing such a motion, you
may ask the office to reexamine or reconsider its decision.
A motion to reopen must state the new facts that are to be
provided in the reopened proceeding and must be accompanied
by the appropriate documentary evidence. A motion to reconsider
must establish that the decision to deny your application
was based on an incorrect application of law or USCIS policy,
and further establish that the decision was incorrect based
on the evidence in the file at the time the decision was made.
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