Green Cards Without Expiration Dates Remain Valid
Posted Dec 21, 2007
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The U.S. Citizenship and Immigration Services (USCIS) issued a statement on December 11, 2007, dispelling the rumor that an older "green card," issued without an expiration date, is now invalid. In fact, the I-551 (informally referred to as the "green card") is still valid unless and until a final rule on this matter goes into effect.
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USCIS Proposal is Still Pending
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As MurthyDotCom and MurthyBulletin readers were informed in our August 31, 2007 article, Proposed Replacement of Older I-551 Green Card, the USCIS issued a proposed rule on August 22, 2007 that would require a permanent resident holding an older version of Form I-551, without an expiration date, to apply for a new card. If enacted, the proposed rule would give a permanent resident affected by the rule only 120 days in which to file Form I-90. Form I-90 is used for replacing green cards, whether or not they have expiration dates. The processing of an I-90 involves fingerprinting and a background check. In response to the proposed rule, the American Immigration Lawyers Association (AILA) issued a comment opposing the rule. [See our October 5, 2007 article, AILA Opposes USCIS Rule Invalidating Earlier I-551 Cards, available on MurthyDotCom.] In its comment, AILA argued that the rule, and the narrow window for filing for green card replacement, may negatively affect some individuals because of the delays frequently associated with this procedure.
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Conclusion
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The USCIS rule, proposing to require the replacement of green cards with no expiration dates, has not become a final rule as of the time of this writing. MurthyDotCom and MurthyBulletin readers are reminded that proposed rules do not go into effect until and unless they are published in the Federal Register as final rules. Watch for more on this topic, as new information becomes available. It should also be noted that most of our readers are not impacted by this matter, as green cards have carried expiration dates since 1989.