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What
is a Permanent Resident Card?
A Permanent Resident Card, commonly known as a
Green Card, is evidence of your status as a lawful permanent resident with
a right to live and work permanently in the United States. It also is
evidence of your registration in accordance with United States immigration
laws. The Permanent Resident Card is also called BCIS Form I-551.
Who
Needs to Replace a Permanent Resident Card?
You will
need to replace your permanent resident card if:
，
Your
previous card was lost, stolen, mutilated, or destroyed;
，
Your
card was issued to you before you were 14 and you have reached your 14th
birthday;
，
You
have been a commuter and are now taking up actual residence in the United
States;
，
You
have been a permanent resident residing in the United States and are now
taking up commuter status;
，
Your
status has been automatically converted to permanent resident status, this
includes Special Agricultural Worker applicants who are converting to
permanent resident status;
，
You
have a previous version of the alien registration card (e.g., BCIS Form
AR-3, Form AR-103, or Form I-151 - all no longer valid to prove your
immigration status) and must replace it with the current permanent
resident card (Form I-551);
，
Your
card contains incorrect data;
，
Your
name or other biographic information on the card has been legally changed
since you last received your card; or,
，
You
never received the previous card that was issued to you by BCIS.
What
Does the Law Say?
Section 264
of the Immigration and Nationality Act provides that, "Every alien in
the United States ´ shall be issued a certificate of alien registration
or an alien registration receipt card in such form and manner and at such
time as shall be prescribed under regulations...." It also states,
"Every alien, eighteen years of age and over, shall at all times
carry with him and have in his personal possession any certificate of
alien registration or alien registration receipt card issued to him....
Any alien who fails to comply with [these] provisions shall be guilty of a
misdemeanor" and may be subject to fine and/or inprisonment upon each
conviction.
Please note: If you are a conditional resident and
your status is expiring, these instructions do not pertain to you. You are
to use Form I-751 (Petition to Remove the Conditions on Residence) to
apply to remove the conditions on your permanent resident status.
How
Do I Apply to Replace My Permanent Resident Card?
If you are
a permanent resident, who needs to replace your card, or conditional
resident who needs to replace your two-year card, for any of the reasons
listed above, you may apply for a replacement card by filing a Form I-90
Please Note: This procedure should NOT be used by
lawful permanent residents who are seeking to renew their ten-year card
only because the card is expiring or has expired. The Service is providing
separate instructions for the renewal of expiring or expired I-551s.
After
receiving Form I-90, read it carefully and note the documentation and
photos that must be submitted. Detailed information is provided in the
instructions for Form I-90. Unless otherwise instructed, you should file
the application (with supporting documentation and fees) in person at the
local BCIS office serving the area where you live. If your status as a
special agricultural worker has been automatically converted to that of a
permanent resident you should file Form I-90 at the BCIS Service Center
that serves the area where you live.
If you are outside the U.S. and have lost your alien registration card,
contact the nearest American Consulate, BCIS Office or Port of Entry
before attempting to file a Form I-90.
If your
Form I-90 application is approved, you will be mailed a replacement
Permanent Resident Card,Form I-551, with a ten-year expiration date from
the date of issuance.
How
Do I Obtain Temporary Evidence of My Status For Travel or Employment
Purposes, if Necessary, While BCIS is Reviewing My Form I-90 Application?
At the time
that you are completing the fingerprint and signature requirements
(necessary for the adjudication of the Form I-90 and the issuance of the
replacement card) at the appropriate BCIS office, you may request
temporary evidence of your permanent resident status, valid for travel
and/or employment purposes.
How
Can I Find Out the Status of My Application?
To check
the status of your application, please contact the BCIS office that
received your application. You should be prepared to provide the BCIS
staff with specific information about your application, such as the
ten-digit receipt number printed on your Form I-797, Notice of Receipt,
your Alien Registration Number, name, and date of birth.
If
My Application is Denied, How Can I Appeal?
If your
application for a replacement alien registration card is denied, you will
receive a letter that will tell you why the application was denied. You
will not be allowed to appeal a negative decision. However, you may submit
a motion
to reopen or a
motion
to reconsider with
the same
office that made the unfavorable decision. By filing such a
motion, you may ask the office to reexamine or reconsider its decision. A motion
to reopen must
state the new facts that are to be provided in the reopened proceeding and must
be accompanied by the appropriate documentary evidence. A motion
to reconsider must
establish that the decision to deny your application was based on an incorrect
application of law or BCIS policy, and further establish that the decision was incorrect
based on the evidence in the file at the time the decision was made.
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