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Chapter 2 - Replacement of Permanent Resident Card

A. Eligibility Requirements

Lawful permanent residents (LPRs) are entitled to evidence of status in the United States. LPRs are eligible for replacement of their Permanent Resident Card (PRC) if they meet requirements, including but not limited to, the following:

  • Properly file the Application to Replace Permanent Resident Card (Form I-90);

  • Establish identity;

  • Establish LPR or conditional permanent resident (CPR)[1] status; and

  • Otherwise meet the eligibility requirements to receive a replacement PRC.

Maintaining LPR or CPR Status

LPR status generally begins from the date the government admits an alien to the United States as an LPR or grants or recognizes LPR status. LPR status ends if and when rescinded by USCIS,[2] terminated in removal proceedings,[3] or the status is abandoned.[4] Similarly, CPR status generally begins from the date the government admits an alien to the United States as a CPR or grants CPR status. CPR status ends if and when rescinded or terminated.[5] For example, CPRs may lose status if they do not apply to remove conditions, if they do not meet certain requirements to remove the conditions on their status during the required time period, or if USCIS denies a petition to remove conditions.[6]

LPRs Applying for Naturalization

LPRs (and CPRs) 18 years of age and over are required to carry their PRCs (or other proof of registration).[7] Applying for naturalization does not change this requirement.

B. Lawful Permanent Residents in Proceedings

LPRs in deportation, exclusion, or removal proceedings are entitled to evidence of LPR status until ordered excluded, deported, or removed.[8]

If an LPR is in proceedings, USCIS reviews the Form I-90 and totality of the evidence in the record to determine if a new PRC will be issued or if the applicant will receive evidence of status in the form of a temporary permanent resident document.[9]

C. Conditional Permanent Residents

A CPR is an alien admitted for permanent residence on a conditional basis for a period of 2 years because he or she sought LPR status:

  • Based on a marriage of less than 2 years;[10] or

  • As an entrepreneur.[11]

CPRs are issued PRCs by USCIS with an expiration date of 2 years from the date of becoming a CPR. CPRs whose status is not expiring within 90 days may file a Form I-90 to replace a PRC for the reasons provided in the form instructions. If a CPR is eligible to receive a replacement card, the expiration date of the replacement card will be the same as that of the prior card (2 years from the date of becoming a CPR).

A CPR is not eligible to file a Form I-90 for any reason if he or she is within 90 days of the expiration of conditional status. This ensures the CPR files the appropriate petition to remove the conditions during the 90 days before his or her CPR status expires.[12] The receipt notice for such a petition to remove conditions serves both to extend CPR status, and as proof of that extension, while the petition is pending.

If a CPR files a Form I-90 during the 90 days before the expiration of conditional status, USCIS denies the application and advises the applicant to file the appropriate petition to remove the conditions.

D. Documentation and Evidence

1. Form

An Application to Replace Permanent Resident Card (Form I-90) must be used by an LPR to request replacement of a PRC expiring within 6 months.[13] Additional reasons for which LPRs must file Form I-90 include, but are not limited to, replacement of a lost, stolen, destroyed, or mutilated PRC, or when the LPR’s name or other biographic information has legally changed since issuance of the PRC.[14]

CPRs may use Form I-90 to request replacement of a PRC that is not expiring within 90 days for reasons that include, but are not limited to, replacement of a lost, stolen, destroyed, or mutilated PRC, or when the CPR’s name or other biographic information has legally changed since issuance of the PRC.[15] CPRs may not use Form I-90 to request removal of the conditions on residence.[16]

The Form I-90 instructions include a full list of reasons to request replacement of a PRC and further information on filing requirements for each reason. An applicant must file Form I-90 according to the form instructions. Applicants can access the current edition of the form on the USCIS website.

2. Fees

An applicant should refer to the Form I-90 instructions for the appropriate fees required for filing a Form I-90.[17] Any required fees must be submitted at the time of filing.[18]

3. Filing Location

An applicant may submit a Form I-90 by mail or electronic filing as indicated in the form instructions. However, applicants may not file online if they are requesting a fee waiver.

4. Required Evidence

An applicant should refer to the Form I-90 instructions for required initial evidence based on the particular reason for which he or she is seeking a replacement card. For example, if an applicant requests a replacement PRC because the existing card has incorrect data because of DHS error, the applicant must submit proof of the correct name or biographical data and return the original PRC with the incorrect data to USCIS when filing Form I-90.

E. Biometrics

1. Application Support Center Appointments

Replacement of a PRC requires submission of biometrics at the USCIS Application Support Center (ASC) servicing the applicant’s place of residence in the United States.[19] USCIS generally schedules the applicant for a biometrics appointment after receiving a properly filed application. USCIS notifies the applicant of an appointment by sending the applicant a Notice of Action (Form I-797C) stating the date, time, and location of the appointment.

For purposes of a request to replace a PRC, USCIS generally collects the following biometrics from the applicant: photograph, signature, and fingerprints.[20]

When an applicant appears at an ASC[21] to provide biometrics, the ASC may take actions that include, but are not limited to, the following:

  • Verifying applicant identity;

  • Verifying biographic changes, if applicable;[22]

  • Capturing biometrics; and

  • Attaching an extension sticker on the PRC, when eligible (the extension applies only to the PRC and does not apply to any other documents issued to the applicant).

2. Rescheduling Requests and Failure to Appear

If an applicant fails to appear for the scheduled biometrics appointment, his or her Form I-90 is considered abandoned and may be denied, unless USCIS receives a properly filed change of address or rescheduling request before the scheduled appointment.

Biometrics must be completed within 90 days of the biometrics appointment described in the initial Form I-797C. The application may be denied for abandonment if biometrics are not completed within this timeframe. If an applicant is unable to appear for the initial scheduled date, the applicant may request to reschedule the appointment along with a sufficient explanation for the applicant’s inability to appear on that date. The applicant should submit the rescheduling request before the scheduled appointment, otherwise USCIS may deny the application for failure to appear at a scheduled biometrics appointment. The applicant should follow the instructions on the Form I-797C to request rescheduling.

F. Temporary Evidence of Permanent Resident Status

LPRs are entitled to evidence of status.[23] In some cases, LPRs may require temporary evidence of LPR status. For example, an applicant granted LPR status may require evidence of status while waiting to receive his or her initial PRC or a Form I-90 applicant may require evidence of status while waiting to receive his or her replacement PRC. In these cases, USCIS may issue temporary evidence of LPR status, which may be used to prove employment authorization, and authorization to return to the United States after temporary foreign travel.[24] USCIS may also provide temporary evidence of status to LPRs in deportation, exclusion, or removal proceedings.[25]

1. Permanent Resident Card Extension Sticker

An applicant with a pending Form I-90 to replace an expiring PRC may receive an extension sticker on his or her current PRC to allow for time to process the new card.[26] The extension sticker will specify how long it is valid for.

If the applicant is eligible, the ASC places an extension sticker on the back of the PRC. However, the ASC does not place an extension sticker on any of the following:

  • Mutilated cards;

  • PRCs currently valid for more than 6 months;

  • PRCs issued to CPRs;[27]

  • Old versions of the PRC (such as cards with no expiration date);

  • A PRC that already contains an extension sticker; or

  • A temporary permanent resident card (for example, an Arrival/Departure Record (Form I-94), issued with photo and temporary I-551 stamp).

If the Form I-90 applicant does not have his or her PRC at the time of the ASC appointment, he or she can receive temporary proof of LPR status from the local USCIS office by first calling the USCIS Contact Center at 1-800-375-5283 to schedule an appointment at the local field office (TTY for people who are deaf, hard of hearing, or have a speech disability: 1-800-767-1833).  

2. Other Temporary Evidence of Permanent Resident Status

USCIS may issue temporary evidence of LPR status in other forms, known as an Alien Documentation, Identification and Telecommunication (ADIT) stamp (also known as an I-551 stamp). LPRs may obtain an ADIT stamp from the local field office by first calling the USCIS Contact Center at 1-800-375-5283 to schedule an appointment (TTY for people who are deaf, hard of hearing, or have a speech disability: 1-800-767-1833). ADIT stamps may only be placed on Form I-94 (with photo) or an unexpired passport.

G. Adjudication

1. Lawful Permanent Resident Status

The officer reviews evidence submitted by the applicant to verify that the applicant is an LPR. An officer verifies an applicant’s status using USCIS systems and records.

2. Security Checks

Officers should ensure biographic and biometric security checks are completed, and remain valid through adjudication of the application.

3. Requests for Evidence and Interviews

Officers may issue requests for evidence for an application to replace a PRC.[28] In some cases, USCIS may refer a Form I-90 applicant to a field office for an interview.[29]

4. Decision

Approval

USCIS may approve a Form I-90 if the applicant meets the following requirements:

  • The application is signed or certified via internet filing;

  • All applicable fees have been paid (unless waived or not required);

  • The applicant established his or her identity;

  • The applicant is an LPR or CPR;

  • Biometric requirements have been completed and remain valid at the time of the decision; and

  • The applicant established all other eligibility criteria for the specific basis he or she filed Form I-90.

If the officer approves the Form I-90, USCIS sends both the approval notice and the new PRC to the applicant’s U.S. mailing address.[30] PRCs cannot be mailed to addresses outside the United States.[31]

Denial

USCIS may deny an application to replace a PRC if the applicant fails to:

  • Establish LPR or CPR status;

  • Submit biometrics;

  • Establish his or her identity;

  • Attend an interview (if required); or

  • Otherwise meet the eligibility criteria applicable to his or her Form I-90.

If the officer denies the Form I-90, the applicant cannot appeal the decision.[32] However, the applicant may file a motion to reopen or reconsider. A denial also does not preclude the applicant from filing a new Form I-90 if he or she can establish eligibility.

H. Motions to Reopen or Reconsider

1. Requested by Applicant

To request a motion to reopen or motion to reconsider a denial, an applicant must file a Notice of Appeal or Motion (Form I-290B) with fee, unless waived.[33] An applicant should follow the current form instructions to properly file a motion.

An applicant has 30 days[34] from the date of the decision to submit a motion. Officers may use discretion to excuse failure to file a motion to reopen within this time period if the applicant demonstrates the delay was reasonable and beyond the control of the applicant.[35]

2. Service Motion to Reopen

A Service motion to reopen is initiated by USCIS to reopen a case in order to change the decision or to correct information for card production. When USCIS initiates a Service motion, an officer issues a formal notice to the applicant advising him or her that the case has been reopened. If the new decision is favorable to the applicant, the officer updates appropriate systems and generates an automatic approval notice separate from the motion.

If the decision is unfavorable to the applicant, an officer provides 30 days[36] for the applicant to submit information in support of his or her case. USCIS may extend the time period for good cause shown.[37] If the applicant does not wish to submit any information relating to the motion, the applicant may waive the 30-day period.[38] If the applicant fails to submit the required information within the allocated timeframe or the information the applicant submits does not overcome the grounds for denial, an officer may proceed to make a final determination on the motion and change the decision on the Form I-90, if applicable. A new period for an applicant to file a motion to reopen or reconsider[39] begins from the date of issuance of the new adverse decision on the Form I-90.

Footnotes


1. [^] See INA 216 and INA 216A.

2. [^] See INA 246.

3. [^] See INA 240.

4. [^] For example, if an alien files a Record of Abandonment of Lawful Permanent Resident Status (Form I-407). See INA 101(a)(13)(C)(i).

5. [^] See INA 216. See INA 216A. See INA 246.

6. [^] See INA 216(c) and INA 216A(c). USCIS may also terminate a CPR’s status if, during the 2-year conditional resident period, USCIS determines the qualifying marriage or entrepreneurship that formed the basis of the conditional permanent residence was improper. See INA 216(b) and INA 216A(b)

7. [^] See INA 264(e).

8. [^] See 8 CFR 264.5(g) (“Issuance of evidence of permanent residence to an alien who had permanent resident status when the proceedings commenced shall not affect those proceedings”).

9. [^] For more information, see Section F, Temporary Evidence of Permanent Resident Status, Subsection 2, Other Temporary Evidence of Permanent Resident Status [11 PM-USCIS B.2(F)(2)].

10. [^] See INA 216.

11. [^] Also known as the employment-based 5th preference (EB-5) category. See INA 216A.

12. [^] See Petition to Remove Conditions on Residence (Form I-751) or Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (Form I-829). See 8 CFR 216.4 or 8 CFR 216.6.

13. [^] See 8 CFR 264.5. See Form I-90 instructions (PDF, 286.97 KB).

14. [^] See 8 CFR 264.5(b). See Form I-90 instructions (PDF, 286.97 KB) for a full list of reasons. LPRs must also use Form I-90 to request a replacement of a prior edition of the alien registration card issued on Form AR-3, AR-103, or I-151. See 8 CFR 264.5(c)

15. [^] See 8 CFR 264.5(d). See Form I-90 instruction (PDF, 286.97 KB) for a full list of reasons.

16. [^] A CPR whose card is expiring may apply to have the conditions on residence removed in accordance with 8 CFR 216.4 or 8 CFR 216.6.

17. [^] See 8 CFR 264.5(a). See Form I-90 instructions (PDF, 286.97 KB).

18. [^] For information on fee waivers, see the Request for Fee Waiver (Form I-912).

19. [^] Form I-90 applicants who are commuters may be issued a request for evidence of a U.S. address for USCIS to use to schedule the location of a biometrics services appointment.

20. [^] For more information, see Preparing for Your Biometric Services Appointment.

21. [^] If an applicant is temporarily outside of the United States due to U.S. military or government orders and he or she is required to include a biometrics service fee when submitting Form I-90, the applicant should also include a properly completed Form FD-258 (fingerprint card) and a passport-style photo with the application. See Form I-90 instructions (PDF, 286.97 KB) for more information.

22. [^] The ASC may verify portions of the name, date of birth, and gender.

23. [^] See INA 264(d).

24. [^] For more information on travel documents for LPRs, see Customs and Border Protection's Carrier Information Guide.

25. [^] See 8 CFR 264.5(g) (“Issuance of evidence of permanent residence to an alien who had permanent resident status when the proceedings commenced shall not affect those proceedings”). See Section B, Lawful Permanent Residents in Proceedings [11 USCIS-PM B.2(B)].

26. [^] See 8 CFR 264.5(h).

27. [^] After timely filing the petition to remove conditions on permanent residence, CPRs receive a receipt notice that serves as proof of extension. See Section C, Conditional Permanent Residents [11 USCIS-PM B.2(C)] for more information. 

28. [^] For more information on requests for evidence, see AFM 10.5, Requesting Additional Information (PDF, 2.87 MB).

29. [^] See 8 CFR 103.2(b)(9).

30. [^] Applicants may use Case Status Online to check on the status of their Form I-90. If Case Status Online indicates that USCIS has mailed a new PRC, the applicant should be provided with a U.S. Postal Service (USPS) tracking number. If Case Status Online and the USPS tracking number indicate a PRC has been mailed and delivered, but the applicant has not received the PRC, the applicant should inquire with USPS immediately. For more information, see the Form I-90 web page. A PRC issued to a commuters is mailed to the port-of-entry designated by an applicant. For more information, see Chapter 4, Commuter Cards [11 USCIS-PM B.4].

31. [^] Applicants temporarily outside of the United States due to U.S. military or government orders may be serviced by the U.S. armed forces or U.S. diplomatic postal systems.

32. [^] See 8 CFR 264.5(f).

33. [^] See 8 CFR 103.5(a).

34. [^] If the decision is mailed to the applicant, the applicant has 33 days from the date of the denial letter to submit the motion. See 8 CFR 103.8(b).

35. [^] See 8 CFR 103.5(a)(1)(i).

36. [^] If the decision is mailed to the applicant, the applicant has 33 days from the date of the decision letter to submit information in support of his or her case. See 8 CFR 103.8(b)

37. [^] See 8 CFR 103.5(a)(5)(ii).

38. [^] See 8 CFR 103.5(a)(5).

39. [^] See Notice of Appeal or Motion (Form I-290B).

Resources

Legal Authorities

8 CFR 211.5 - Alien commuters

8 CFR 264.5 - Application for a replacement Permanent Resident Card

INA 101(a)(20) - Definition of lawfully admitted for permanent residence

INA 262 - Registration of aliens

INA 264 - Forms for registration and fingerprinting

Appendices

No appendices available at this time.

Updates

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF) between the AFM and the Policy Manual.

POLICY ALERT - Replacing Permanent Resident Card

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding eligibility requirements, filing, and adjudication of requests to replace Permanent Resident Cards using the Application to Replace Permanent Resident Card (Form I-90).

Read More
Technical Update - Replacing the Term “Foreign National”

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].