How Can I File an Application to Replace My Permanent Resident Card in Arizona?
Seeking a replacement Green Card involves filing Form I-90, Application to Replace Permanent Resident Card (Green Card), and a person will need to do this if they never received their original Green Card, they legally changed their name, or they have automatically gained permanent residence. It is important for people to work with an Arizona immigration lawyer in these cases because not all people will be using a Form I-90, as people upgrading conditional marriage Green Cards must use Form I-751, Petition to Remove Conditions on Residence, and people seeking to upgrade Green Cards received while applying as entrepreneurs or investors must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.
How People Replace Green Cards in Arizona
Most people who need to replace their Green Cards will file Form I-90s with the United States Citizenship and Immigration Services (USCIS). The major catch with Form I-90 is that people can only file this form while they are within the United States, meaning a person who loses their Green Card abroad must wait until they return to the country before they can file.
People can file Form I-90 online or by mail. Required initial evidence can vary in these cases depending on the reason a person is seeking a Green Card.
When a previous card is lost, stolen, destroyed, or mutilated, a person must provide a copy of their Green Card or a government-issued form of identification containing their name, date of birth, photograph, and signature. If a previous card was issued but never received, a person must provide a copy of a government-issued form of identification that contains their name, date of birth, photograph, and signature, and either a copy of their latest Form I-797, Notice of Action, for the form that should have resulted in the issuance of their Green Card, or a copy of the page in their passport showing the I-551 stamp they received upon admission if they were admitted as an immigrant.
If an existing card has incorrect data because of a Department of Homeland Security (DHS) error, a person must provide their original Green Card and proof of their correct biographical data. If a person’s name or other biographic information has legally changed, or if a card has incorrect data and the error was not caused by the DHS, a person must provide appropriate legal documents reflecting new or correct biographical data and a copy of their Green Card.
If an existing card has already expired or will expire within six months, a person must provide a copy of their expired or expiring Green Card. If a person has reached 14 years of age, they must provide a copy of their current Green Card.
If a person is a permanent resident taking up commuter status, they must provide evidence of their employment that is dated within the last six months and a copy of their Green Card. If a person is a commuter taking up actual residence in the United States, they must provide evidence of their United States residence (when proof of residence is in a spouse or parent’s name, the person must provide a copy of their original marriage or birth certificate) and a copy of their Green Card.
If a person has been automatically converted to lawful permanent resident status, they must provide evidence of their temporary residence status and a copy of a government-issued identification document that contains their name, date of birth, photograph, and signature. If a person has a prior edition of the Alien Registration Card or is applying to replace a current Green Card for a reason that is not specified, they must provide a copy of their Alien Registration Card or Green Card.
When a person loses a Green Card while they are outside of the United States, it will be important to notify local authorities right away and ensure a police report is filed. A person should then contact their nearest United States Consulate or Embassy.
Obtaining a document known as a boarding foil will involve filing a Form I-131A, Application for Travel Document (Carrier Documentation), which involves a $575 filing fee. After a person is able to return to the United States, they can file Form I-90 to get a replacement, Green Card.
Filing fees for Form I-90s can vary depending on a person’s reason for seeking a replacement card. If a person is filing Form I-90 because they never received a Green Card, they do not have to pay any filing fee as long as USCIS mailed the card more than 30 days ago, it was returned to USCIS as undeliverable, and the person has not moved from the address they provided, although a person will still need to submit a copy of Form I-797, Notice of Action, for the form that USCIS approved to grant a person’s Green Card and a copy of government-issued identification that contains a person’s name, date of birth, photograph and signature.
If a person is filing Form I-90 because their current Green Card contains incorrect information due to a DHS error, such as a misspelled name, they also do not have to pay a filing fee. However, they must send USCIS the original card that contains incorrect information and evidence documenting a person’s correct name or biographical information.
In all other cases:
- Lost, stolen, or destroyed Green Card — $455 form fee, $85 biometric fee, $540 total
- Previous Green Card was issued but never received — No fee
- Green Card mutilated — $455 form fee, $85 biometric fee, $540 total
- Existing Green Card has incorrect data because of DHS error — No fee
- Person’s name or other information legally changed — $455 form fee, $85 biometric fee, $540 total
- Green Card will expire within six months or has already expired — $455 form fee, $85 biometric fee, $540 total
- Person has reached 14 years of age and the existing Green Card will expire after the 16th birthday — $0 form fee, $85 biometric fee, $85 total
- Person has reached 14 years of age and the existing Green Card will expire before the 16th birthday — $455 form fee, $85 biometric fee, $540 total
- A permanent resident taking up commuter status — $455 form fee, $85 biometric fee, $540 total
- Commuters taking up residence in the United States — $455 form fee, $85 biometric fee, $540 total
- Person automatically converted to permanent residence status — $455 form fee, $85 biometric fee, $540 total
- The person having a prior edition of Green Card or applying for a reason not specified — $455 form fee, $85 biometric fee, $540 total
The Power of the ADIT Stamp
When a person loses their Green Card while they need to travel, then they could be in for a very long wait because the average time to replace a Green Card is usually at least six months. In most cases, people can be waiting as many as 10 months.
According to USCIS processing times, it currently takes 18 months for the Potomac Service Center to process Form I-90s relating to initial issuance or replacement. The 10-year renewal cases can take up to 20 months.
The Alien Documentation, Identification, and Telecommunication (ADIT) systems stamp is also known as an I-551 stamp and is affixed to a page in a person’s passport or on an I-94 card and serves as temporary proof of lawful permanent resident status. The stamp can serve as evidence of status for up to one year.
A machine-readable immigrant visa (MRIV) typically has the following text on it: “UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR.” When a new immigrant first enters the United States, the United States Customs and Border Protection (CBP) stamp a passport with an admission stamp indicating an immigrant has permanent resident status and has the date the immigrant entered the United States.
An employee’s foreign passport with the MRIV will be evidence the employee has permanent residence status for one year from the date of admission. Even if an MRIV is issued without the statement “FOR 1 YEAR,” employers should treat an MRIV as an acceptable List A document valid for one year from the date of admission.
USCIS rarely denies most Form I-90 applications, but there can be reasons for denials such as people providing false information or having pending removal orders. USCIS should state its reasons for denial in any letter to a person informing them their application has been denied.
There are not usually grounds to appeal these decisions but people can file Form I-290B, Notice of Appeal or Motion, to ask USCIS to reconsider its decision. People will want to be absolutely certain they retain legal counsel in these scenarios because they may need to submit additional evidence that clarifies or corrects certain issues.
Call Us Today to Speak with an Arizona Immigration Lawyer
If you are currently needing help replacing a lost, stolen, or damaged Green Card in Arizona, you do not have to try and deal with everything by yourself. You can work with the team at Diamondback Legal so you can be confident that you are getting experienced legal guidance with every single issue relating to your case.
Our firm knows how stressful it can be for people to try and replace their Green Cards and we work closely with our clients so they do not have to find themselves constantly worrying about what is happening. You may call (602) 584-8938 or contact us online to arrange a free consultation.
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