Proposed Replacement of Older I-551 "Green Card" Posted Aug 31, 2007 ©MurthyDotCom The USCIS issued a proposed rule on August 22, 2007 that, if enacted, would require permanent residents holding Form I-551s (informally referred to as "green cards") without expiration dates to apply for new cards. This should not impact most MurthyDotCom and MurthyBulletin readers, because there has been a ten-year expiration date on green cards since 1989. The USCIS estimates, however, that 750,000 green card holders would be required to apply for replacement cards, should this rule go into effect. This rule is only a proposal at this time. The deadline for comments is September 21, 2007. ©MurthyDotCom Background on Validity of I-551 Cards ©MurthyDotCom The 10-year expiration date on the I-551 green card was introduced by Legacy INS (the term used in reference to the agency known as the INS prior to creation of the USCIS, as explained in our online glossary). The green card is actually named the Alien Registration Receipt Card or Permanent Resident Card, depending upon the date of issuance; but it is widely referred to as the green card. In 1989, Legacy INS did not have the capacity to terminate these cards, which numbered in the millions at that time, and require their replacement. This has changed, both in terms of the number of such cards and the capacity of the USCIS to issue replacements. Moreover, the proposed regulation uses the Border Security and Visa Entry Reform Act of 2002 to support the termination and replacement of the old I-551s. Under that Act, travel and entry documents were all supposed to be machine-readable, tamper-resistant documents that use biometric identifiers. The USCIS is characterizing the I-551 as an entry document because it is used for that purpose, although that is not its sole purpose. ©MurthyDotCom Filing Procedure to Request the New I-551 Card ©MurthyDotCom The procedure for obtaining a replacement green card requires the filing of form I-90. This form is used for replacing cards, whether or not they have expiration dates. The processing of the I-90 involves fingerprinting for identity and a background check. There is a filing fee for the I-90, as well as a biometric fee. ©MurthyDotCom Consequences of Failure to File for the Replacement Card ©MurthyDotCom The proposed rule would impose a 120-day application period for requesting a replacement card for those who have I-551s without expiration dates. After the 120-day period elapses, the USCIS would set a termination date for the validity of these I-551s. The individuals, however, would still be permanent residents. Although their cards would become invalid upon the established termination date, this would not change their status. The termination date will be determined after the 120-day point, based upon factors that include the expected timeframes for processing the replacement cards. The individuals impacted would still be permanent residents. (This is similar to having one's passport expire. The document expires and cannot be used for travel, but one's underlying citizenship does not change.) ©MurthyDotCom The law requires that permanent residents must have evidence of their status in their possession at all times. Failure to comply with this is a misdemeanor. Once the validity of the cards is terminated, therefore, violators could be prosecuted. The penalty for a conviction under these provisions is a fine of up to $100 and/or imprisonment of up to 30 days. There is also a separate charge for willful failure to register. ©MurthyDotCom It is hoped that there would be some reasonableness and prosecutorial discretion exercised in this situation, particularly given that the population at issue is primarily older, since the I-551s at issue were created between 18 to 30 years ago. If this proposal is enacted, however, people who do not replace their terminated I-551 cards, at the very least will likely have problems surrounding travel and employment, along with the possible risk of prosecution. ©MurthyDotCom Conclusion ©MurthyDotCom There has already been some concern about the reasonableness of the timeframe to file for the replacement card and the costs involved for each filing. People with the old I-551s that do not have expiration dates may want to simply file for replacements in anticipation of a change in the rules. It may also make travel and employment easier, as a new picture will be used for the newly-issued card. The fee for the I-90 is currently $290, plus a biometric fee of $80. Some may need to plan for this expense, particularly if it impacts multiple family members.
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