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Green Cards
Without Expiration Dates Remain Valid
Posted
Dec 21, 2007
和urthyDotCom
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.

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