Green Card Renewal/Replacement FAQ

A two-year conditional residence card will be issued to those who, at the time of filing their I-485s (applying for a green card), had only been married to their U.S. citizen spouse for less than two years.

Two year conditional residents need to download the I-751 Petition from the USCIS website and proceed with this application to have their conditional status removed.

If your I-751 Petition is approved, your 10 year permanent residence card will be mailed to the address you provided on your USCIS documentation.

First off, the I-751 is a petition that needs to be filed jointly. It is supposed to be evidence that the couple who got married and pursued a marriage green card did not do so fraudulently. In addition, supporting documents need to attached to the application package showing that the marriage is still bona fide and that the couple is more or less happy. Some of these documents might include:

• Photographs and milestones such as anniversary dinners
• Birth certificate of new children born in the past two years
• Receipts of gifts purchased for one another
• Evidence from friends or family suggesting cohabitation

$595. A biometrics fee of $85 might also be required.

If you are an LPR, you’ll need to apply to replace your green card within 6 months of its expiration date to ensure smooth processing when dealing with a 10-year card.

You’ll need to locate and fill out the Form I-90, Application to Replace Permanent Resident Card. This form cannot be filed from outside of the United States.

$455. A biometrics fee of $85 may also be required. If you are filing an I-90 because you never received your original green card, you will not have to pay any fee as long as you meet all the following requirements:

• The card was mailed more than 30 days ago;
• It was returned to the USCIS as undeliverable; and
• You haven’t moved from the address provided to the USCIS

No. There is no fee if your green card has incorrect data due to a DHS error.

Losing your green card while abroad, having it stolen or destroyed unintentionally can seem like a stressful process. If you lose your card while abroad, you cannot simply travel back to the United States because your green card is your verification that you are an LPR and therefore needs to be presented to a CBP officer at a port of entry upon re-entry.  

In such an event, it’s important for individual green card holders not to file an I-90, but instead to travel to the nearest U.S. embassy or consulate as this constitutes an unusual circumstance and you will need to speak with a consular official. The best way to locate the nearest Embassy is via Google Maps or through the government website, available here: https://www.usembassy.gov/.

If you don’t renew your green card, you are signaling to the DHS that you are violating immigration law by living in the United States without an expired legal status. This could affect future visa applications, lead to possible removal or deportation proceedings, or create other problems in the future when filing with the USCIS.

For those who have lost their green cards while travelling internationally, re-entering the U.S. without your PR card will be difficult. You could enter the U.S. with your foreign passport, but this will present problems because you cannot receive a tourist visa while you are already an LPR. In most cases, you will have to wait until a U.S. consulate issues you a travel document that you can present to a CBP officer.

You can file a motion to have the case re-opened. Leading reasons for green card renewal rejection include not having enough supporting evidence that you are still in a bona fide marriage. The USCIS uses any and all supporting documents filed with an I-751 to determine this. If your case is rejected and you are still unsure why it might be a good idea to contact an attorney for further consultation.

Each permanent residence card has its date of issue, which means there is a corresponding date of expiration. Green card holders should generally be sure to file for renewal and receive their new card if their current card is set to expire while they are abroad.

You might not need to. For example, if you are having your naturalization interview in 2 months, but your green card is set to expire in 3 months, you might take your chances given that your N-400 has already been adjudicated and you just need to pass the English/Civics test to become a citizen.

Commuter status is when individuals take up legal residence in the United States, but under the two following conditions: 

Those who commute in and out of the U.S. for work (regular, full-time)

Those who enter to perform seasonal work in the United States, but whose presence in the United States is for 6 months or less, in the aggregate, during any continuous 12-month period

In order to establish commuter status, individuals will also need to fill out an I-90, or vice versa when they are finished being commuters and want to establish permanent residency.

Not legally. All new employees must have a signed and completed I-9 form prior to their first day of work. The I-9 is used to verify your identity and permission to work within the United States. As part of this document, LPRs need to have a valid green card to complete “List A” on this form.

This is the I-912 Form, Request for Fee Waiver. Available here: https://www.uscis.gov/sites/default/files/document/forms/i-912-pc.pdf

Most green card renewal applicants will not need to attend a USCIS interview as part of this process. However, a select few will, due to the following:

• The applicant has been arrested or committed crime in the period when they were a legal resident and leading up to their renewal application
• The conditional 2-year applicant is called into an interview to verify their bona fide marriage