Post-Green Card Applications

Green Card Replacement

There are certain instances wherein a Green Card holder will be needed to file an application requesting a new card even before the expiry of the current card. If the card is lost or stolen, a replacement for the card can be requested.

Note: In case of a Green Card getting stolen, a formal police report of the theft should be made and a copy of the same is required to be submitted along with the replacement application as a proof.

Green Cards can be replaced if there is a mistake on the issued card. If the mistake was a government error, then the applicant need not pay the filing fee. But if the mistake was the result of faulty information that was entered on the application, then the applicant needs to pay the filing fee.

Note: It is very important that a person maintains a copy of any Green Card application that he/she files. In case of any mistake that is made on the card, the copy will help to prove if the mistake was the fault of the government.

Green Card Renewal

A permanent resident will have to get his/her green card renewed periodically to maintain its validity. Though the permanent resident status does not expire, the card expires every 10 years. Since a valid and current card is required for a lot of reasons, its imperative that the card be kept valid at all times.

Other Post-Green Card Applications

Besides applying for the replacement and renewal of Green Card, there are several other Green Card related applications that a Lawful Permanent Resident may be needed to file with the United States Citizenship and Immigration Services (USCIS).

Re-entry Permit

Green Card holders enjoy the privilege of residing and working in the U.S. without any restrictions. They are also privileged to travel freely in and out of the U.S. whenever they wish. One thing to be noted here is that the Green Card holders are desired to reside in the country on a permanent basis. Permanent Residence of any person implies more than just calling the United States their home. The USCIS will take into account details like whether a person owns any real estate in the country, is maintaining bank accounts in the country, is on an employment contract in the U.S., is maintaining a family in the U.S., and/or is actively participating in local community organizations, to determine whether a person is maintaining permanent residency in the U.S. Greater “ties” with the U.S. will increase the person’s permanent residency status in the USCIS’ point of view.

In spite of a Lawful Permanent Resident leaving the U.S. for legitimate reasons, their staying away from the US for extended periods of time will lead to an assumption that the person is not maintaining permanent resident status. In such kind of circumstances, it is essential that the Lawful Permanent Resident shows the long term need to travel outside of the U.S. Obtaining a re-entry permit is the proactive way that lets the USCIS confirm that a person is intending to maintain permanent residence in the U.S.

Note: By getting a re-entry permit, especially when one has the need to travel outside of the U.S. for more than 6 months is a safe and effective way, by which a Lawful Permanent Resident can express his /her intention of permanently residing in the U.S.

Citizenship

Becoming a U.S. citizen bestows a person with a great number of privileges apart from living and working in the U.S. Being a U.S. citizen has several distinct advantages over that of being a permanent resident. The right to exercise one’s vote, right to be come an elected official, ability to extend sponsorship for U.S. Green Cards to specific family members with no waiting period, and finally the ability to travel freely travel in and out of the country with a U.S. passport are some notable benefits. Regardless of the time period of their stay outside the U.S., U.S. citizens need not apply for a re-entry permit. The status of being a U.S. citizen also eliminates the need for renewal of the Green Card. As soon as an applicant has fulfilled the requirements for citizenship (residence and physical presence), he/she can file the citizenship application.

Step by Step Process for Filing Green Card Renewal and Replacement Application Form

In order to replace or renew a Green Card, a lawful permanent resident needs to file the I-90 application form along with the fees and required documents for proof.

This process of submitting a renewal application does not apply for conditional residents with conditional green cards which are on the verge of expiry. They must file an appropriate form to remove the conditions on their residency.

Only in case of a conditional resident’s Green Card being stolen, damaged or lost, or in the case of a name change, then they can use Form I-90 to place a request for a new conditional Green Card.

Overview of the I-90 Application Process

Step 1: Completion of Form I-90

Be it a renewal or replacement process, a lawful permanent resident should file Form I-90 with the USCIS.

Step 2: Gathering all the Necessary Documents for Proof

Copy of the Green Card: If applying to renew Green Card, the applicant must provide a copy of their Green Card. If applying for a replacement green card, in case of the original getting mutilated, destroyed or lost, or in the case of a legal name change, the applicant has to submit a copy the card, if available, or a copy of an identity proof with his/her name, date of birth, photograph, and signature. Applicants with a changed name must submit a copy of the original court order or marriage certificate/divorce decree bearing the new name along with their I-90.

In case of any change in the biographical data of a lawful permanent resident any documentation to prove the new data should be submitted. If a lawful permanent resident needs a replacement in case of biographical data change due to a USCIS error, then the original card with the error must be returned, along with sufficient documentation to prove the correct data. If at all the Green Card was never received, then the applicants must submit documentation as a proof of that fact (a copy of the original approval notice that was dispatched to the applicant’s current address). In addition to this, the card must have been returned to the USCIS as undeliverable by the postal service and the applicant must not have changed his/her address of communication during the application process.
Note: If the original card was not returned to USCIS as undeliverable, then the replacement application based on the reason of non-receipt will be rejected. An applicant should file for a replacement of a lost Green Card in case he/she cannot verify that the original card was returned as undeliverable.

Step 3: Submitting the Application

Lawful permanent residents need to file in their completed applications (renew or replacement) at the following lockbox address:
USCIS
PO Box 21262
Phoenix, AZ 85036
In case of an applicant using an express courier service, then application should be sent to the following address:
USCIS
Attn: I-90
1820 Skyharbor, Circle S, Floor 1
Phoenix, AZ 85034

Note: The above mentioned addresses are valid as of January 1, 2010. As USCIS may periodically update filing processes, It is advisable for applicants to verify the correct filing address before filing their application. The addresses can be verified under the Forms section of http://www.uscis.gov.

The I-90 may also be filed electronically using the internet. Not every I-90 applicant can choose this option.

Step 4: Biometrics – Getting Fingerprinted

In case the lawful permanent resident has reached 14 years of age since the original Green Card was issued, additional fingerprints need to be taken. The applicant will receive a fingerprint appointment notice from the USCIS.

USCIS may request more information or evidence and may also schedule the applicant for an interview. Certain original documents may also be requested, which will be returned when no longer required.

Immigration Scam – Green Card Lottery Email

On 03.16.11, In , By Immigration Direct

Immigration Scam – Green Card Lottery Email

Below is the actual green card lottery scam email being sent out to people. For more information on this Immigration News story please read Green Card Lottery Scam

Passport Day in the USA

On 09.09.11, In Immigration Direct Blog, By Immigration Direct

The Regional Passport Agency announces they will be open on Saturday, September 17 one day only with no appointment needed for you to apply for your U.S. Passport.

In communities across the country Regional Passport Agencies and many passport Acceptance Facilities will celebrate “Passport Day in USA”. There will be passport-themed events for all. If you need a U.S. Passport or US Passport Renewal now is the time. This event will allow you to apply for U.S. Passport standard processing which generally takes 4 to 6 weeks or an option to pay an additional $60.00 for expediting your Passport Application for processing which reduces the processing time 2 to 3 weeks. To locate a Regional Passport Agency or Passport Acceptance Facility, click here.

Lost Citizenship Certificate

You can replace your lost citizenship certificate by filing Form N-565, Application for Replacement Naturalization or Citizenship Document, with the USCIS.

Form N-565 is usually filed with the USCIS if you have to replace a Naturalization Certificate, Certificate of Citizenship, Declaration of Intention or Repatriation Certificate which has been lost, mutilated, or destroyed. Additionally, this form is also used if your name has been changed by marriage or by court order after the citizenship document was issued and you need a document in the new name. But Form N-565 should not be filed to correct errors on the citizenship certificate unless they are USCIS errors.

To replace your lost citizenship certificate, you should prepare and mail the completed N-565 application package to the USCIS along with the appropriate filing fee and supporting documents. You will find all the information about the fees, the mailing address and supporting documents in the instructions page. If you make a mistake filling out your application, or with your filing fee or mailing address, your application will be returned to you.

When sending your application to replace your lost citizenship certificate, you should include two color photographs along with your supporting documents. The photograph should be taken within 30 days of filing this application. If the reason for filing form N-565 is to get a replacement of a mutilated document, you will have to attach the mutilated document and send it with your N-565 application. If your document is in a foreign language, make sure that it is accompanied by a certified, full English language translation that is complete and accurate. After you mail in your N-565 application to replace your lost citizenship certificate, the USCIS will check for completeness, such as including all the required documentation and the correct submission fee.

If you do not fill out the form completely, or have sent the application without the needed initial evidence, you will not establish a basis for eligibility and chances are that the USCIS may deny your application. If your application is not signed or not accompanied by the correct fee, the USCIS will reject it and send you a notice with the reason why you were denied. So make sure that your application is complete and that you submit the required supporting documents and the correct fee.

Once you have mailed the completed application along with the fees and supporting documents to the USCIS, you can expect to receive an Application Receipt Notice with a 13-character Application Receipt number within 30 days. This Receipt Notice acts as the proof that USCIS has received your application and that it is being processed. You can check the status of your application with the receipt number.

The USCIS officials may request more information or evidence when you appear at the USCIS office for an interview. Additionally, they may also request you to submit the originals of any document. Lastly, if everything is in order with your application, it will be approved and a replacement for the lost citizenship certificate will be issued. If your application is denied, the USCIS will notify in writing with the reason(s) why. The whole process takes an average of up to six months.

Getting a Green Card

A foreign national can obtain a U.S. permanent residence card (“Green Card”) through various means such as family members, employment, adoption, or as an asylum seeker or refugee. The time that the process requires is affected by the applicant and the category within which he or she applies. Individuals undergoing the application process should be sure to reference the fact sheet provided by U.S. Citizenship and Immigration Services (USCIS), which provides answers for many of the questions raised during the application process.
Getting a Green Card is merely the first step in maintaining permanent U.S. residence documentation, and cardholders should maintain their immigration status by ensuring that their card remains current at all times.

Getting a Green Card and Completing the Immigration Process:

The Green Card process is multi-layered one, and you should take care to complete the application correctly in order to avoid difficulties.
1. You must qualify under one of the categories for eligibility described by the USCIS.
2. The USCIS should approve an immigrant petition, which is usually filed by an employer or relative. (There are certain applicants who can petition on their own behalf, like the priority workers, investors or special immigrants.)
3. If you are thinking of getting a Green Card through employment, then, if required, your U.S. employer should submit a labor certification request to the U.S. Department of Labor.
4. You should possess an immigrant visa number, provided by the U.S. State Department.
5. If you are already in the United States, you may apply for an adjustment of status or file for permanent residency after a visa number has been provided to you. If you are outside the United States, you must go to the nearest U.S. consulate to complete the process.

Maintaining Your Status with Form I-90:

Once a Green Card is issued, it normally remains valid for a period of 10 years. In order to keep this card current, you may need to renew or replace it. Form I-90 is used for renewal or replacement requests.
If you were issued a Green Card by the USCIS that has an expiration date, you should use Form I-90 to begin the process of renewing your card at least 6 months prior to the expiration date. Once your application is accepted, you will be issued a temporary proof of your status with the local USCIS office that is valid for one year. (If your Green Card does not have an expiration date, it may not need to be renewed.)
It is important to note that although you may not lose your status in the U.S. if your Green Card expires, it is always advisable to retain evidence of your permanent resident status to avoid potential difficulties in obtaining employment, benefits extended by the government, or re-entry into the United States.

What If I Am a Conditional Permanent Resident?

If you are a Conditional Permanent Resident your Green Card is valid for only 2 years. You do not use Form I-90 if you are a conditional resident and your status is expiring. As a conditional Permanent Resident, you are required to file a petition to remove those conditions within 90 days of your card expiring.
If you obtained your conditional status through marriage, you must file Form I-751, Petition to Remove Conditions on Residence.
If you obtained your conditional status by being an investor, you must file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status.
Once your petition is approved, you will be sent a new Green Card valid for 10 years. And it is at this point that you can use Form I-90 to renew or replace your Green Card.

Visa for Fiancé(e) – Submission Procedure of Form I-129 F

Form I-129 F, which is the Petition for Alien Fiancé(e) must be filed with the Department of Homeland Security’s United States Citizenship and Immigration Services (USCIS) office serving your area of residence. You can refer to the USCIS website for information regarding the office at which you need to file this petition.
Note: This petition cannot be filed at an embassy, consulate, or U.S. immigration office abroad.

Petition for Alien Fiancé(e) Application

This application needs to be completed by an American citizen. For the purpose of marriage of the foreign fiancé(e) to the petitioning US citizen this application is a petition submitted to USCIS requesting the alien fiancé(e)’s entry to U.S.A. Instructions on the Form I-129 F need to be read carefully. There was a recent increase in the filing fee of this form. Information on edition updates on filling fee are available at the USCIS’ website.

Biographic Information Sheet

Form G-325A, Biographic Information Sheet must be completed by the American citizen and the alien fiancé(e). Information about your parents, place of residence, employment during the last five years, and previous foreign residences, if any, has to be provided in this form. [Please indicate on the application form if your parents are deceased].
The second Biographical Information Sheet should be sent to the alien fiance(e) who should complete, sign and send it back to you. What you could do to assist is to complete the sections that pertain to you on the form before you send it to your fiance(e).
Though the alien fiancé(e) is let to sign the G-325A at the time of the interview in some consular offices, Form I-129 F application that does not include the Alien’s signed Biographical Information Sheet may be rejected by the USCIS office.

Affidavit of Support Form

Form I-134 submitted along Form I-129 F ensures that the alien fiancé(e) will not become a public charge while in the US. The US citizen, relative or a friend is committed to take financial responsibility over the petitioned individual in case the alien fiancé(e) needs financial support. Financial responsibility is on the person who signs the affidavit of support who is often referred to as the Sponsor or Affiant.
Possibility of the alien becoming a public charge will be eliminated by this affidavit. To ensure that the Sponsor or citizen affiant takes affirmation seriously and is aware of the nature of the affirmation that they are making he or she should read the instructions accompanying Form I-134 carefully.