USCIS update

The USCIS has released an update that automatically extends the validity of greencards for lawful permanent residents who have applied for naturalization. This new policy took effect on Dec. 12, 2022.

The good thing about this change is that naturalization applicants will receive an extension of Lawful Permanent Resident (LPR) status and may not need to file a separate application to replace a greencard when it expired while waiting for a decision on their properly-filed naturalization application. And that means no separate fee for the I-90 which is $540. The extension is up to 24 months. The receipt notice of the naturalization application can be presented with the expired greencard as evidence of continued status as well as identity and employment authorization.

It must be noted that prior policy dictates that naturalization applicants who did not apply for naturalization at least six months before their greencard expiration date needed to file Form I-90, Application to Replace Permanent Resident Card (greencard), to maintain proper documentation of their lawful status. Applicants who applied for naturalization at least six months prior to their greencard expiration were eligible to receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport, which served as temporary evidence of their LPR status.

The extension will apply to all applicants who file Form N-400 on or after Dec. 12, 2022. LPRs who filed for naturalization prior to December 12 will not receive a Form N-400 receipt notice with the extension. If their greencard expires, they generally must still file Form I-90 or receive an ADIT stamp in their passport, in order to maintain valid evidence of their lawful permanent resident status. Lawful permanent residents who lose their greencard generally must still file Form I-90, even if they have applied for naturalization and received the automatic extension under this updated policy. This is because non-citizens must always carry within their personal possession proof of registration, such as the greencard and any evidence of extensions or may be subject to criminal prosecution under INA 264(e). Applicants who require an ADIT stamp may request an appointment at a USCIS Field Office.

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Last week I was asked by one of our readers if his son, who is a US citizen, can avail of any benefits even if they live in the Philippines. My honest answer was that I do not know and that I may not be the best person to ask. I think the best place to start is to inquire from the US citizen services at the US Embassy in Manila. Their website has links that guide US citizens when they have questions and inquiries. Nonetheless the question was very helpful to me more than I have helped him since it gave me an insight that US citizens living outside the US have particular needs that require more education and guidance. Other inquiries that I got asked include tax implications of bank savings, rental income and other investments in the Philippines, how to go about as beneficiaries of wills and insurance policies in the US. They also include contract issues, adoption, divorce, and a myriad of other concerns.

Certainly not all of these issues can be answered by the US citizen services of the embassy. Depending on your issue, it is best that you consult a professional to assist you.