As of December 12, 2022, U.S. Citizenship and Immigration Services (USCIS) has implemented a new extension of permanent resident card (“green card”) validity for lawful permanent residents in the United States who have applied for naturalization on or after December 12, 2022. This change comes after USCIS received many comments from the public regarding the lengthy processing times for naturalization applications.

As of December 12, USCIS will now include additional language on its Receipt of Action (Form I-797) pursuant to a properly filed Form N-400 that provides an automatic extension of green cards for 24 months from the card expiration date. This update language will only be included on Form I-797 Receipt Notices for naturalization applications filed on or after December 12.

If a naturalization applicant submitted the naturalization application prior to December 12, their issued Form I-797 will not include this automatic extension language. If the green card for these individuals expires, they will still need to file a Form I-90, Application to Replace Permanent Resident Card or receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport to maintain lawful permanent resident status in the United States while the naturalization application remains pending.

Foster will continue to track changes in immigration law and procedure and will make additional updates available via our firm’s website at www.fosterglobal.com.