Understanding Form I-90

Navigating the labyrinth of U.S. immigration procedures can feel overwhelming, to say the least. If you’re a green card holder, one form you’ll inevitably encounter is Form I-90. This document serves as a lifeline for maintaining your lawful status in the United States. Misunderstanding or neglecting it can lead to complications you definitely want to avoid. Therefore, whether you’re a new green card holder or someone who has been through the renewal process before, this article aims to give you a thorough understanding of Form I-90, its purpose, eligibility criteria, and more. Knowledge is power, and we’re here to empower you.

What is Form I-90?

Form I-90, officially called the “Application to Replace Permanent Resident Card,” is a U.S. immigration form administered by the United States Citizenship and Immigration Services (USCIS). Filling it out correctly is crucial for a variety of reasons:

• Expiration: Most Green Cards are valid for a 10-year period. If your card is about to expire or has recently expired, renewing it is essential for maintaining your legal status in the United States.
• Damage or Loss: Life happens. Your card could get damaged, lost, or even stolen. In such situations, Form I-90 is your path to obtaining a replacement.
• Information Changes: Our lives are not static. You may change your name after marriage or divorce, move to a new address, or have other significant life changes. Updating your Green Card to reflect these changes is crucial, and Form I-90 is the means to do so.
• Legal Requirements: Carrying an expired or incorrect Green Card can lead to problems with the law, including difficulties in proving your legal status, employment issues, and even potential deportation in extreme cases.

Eligibility Criteria

Knowing whether you’re eligible to use Form I-90 is the first step in a successful renewal or replacement process. Here are the primary groups of people who can use this form:

• Lawful Permanent Residents: Those who have a Green Card that is about to expire, or has expired, can renew it by filing Form I-90.
• Conditional Permanent Residents: While you usually need to file Form I-751 to remove conditions from your residency, if you’ve lost your conditional resident card, you can use Form I-90 to get a replacement.
• Special Cases: Some individuals may fall under specific scenarios that necessitate a replacement card. For instance, those who received their Green Cards before turning 14 years of age will need to replace it after reaching that age milestone.
• Exceptions: It’s also important to know who this form is not for. If you’re outside the United States and lose your Green Card, Form I-90 is generally not applicable. Additionally, if you are seeking a change in your immigration status, this is not the form for that process.

Consult an immigration attorney if you’re unsure whether you fit these eligibility criteria. A small mistake can lead to delays or denials, making your immigration journey even more challenging.

Required Documentation

Before you even think about filling out Form I-90, gather the necessary supporting documents. Failing to submit the right paperwork can lead to unnecessary delays, or even worse, application denial. Here’s an extended list of documentation:

• Copy of Your Green Card: Attach copies of both sides of your existing Green Card. If your card is lost or stolen, this becomes even more crucial.
• Government-Issued Identification: For lost or stolen cards, it’s imperative to provide an alternate government ID like a driver’s license, passport, or even a military ID if applicable.
• Evidence of Status: If you don’t have a copy of your Green Card and can’t provide a government-issued ID, you may need to submit other proof like immigration court documents or documents issued by USCIS as evidence of your permanent residency status.
• Name Change Documents: If you’ve changed your name due to marriage, divorce, or for any other legal reason, submit the supporting documents like marriage certificates, divorce decrees, or court orders.
• Recent Passport Photos: Depending on your situation, USCIS may ask for passport-sized photos that meet their specifications. Make sure these are current and follow USCIS guidelines.
• Additional Documents for Special Cases: For example, if you’re applying because you never received a card that was issued, you’ll need to submit a copy of the original application and the notice or receipt from USCIS.

Make sure to always check the USCIS website for the most current information on required documentation.

How to Fill Out Form I-90

Form I-90 might look straightforward, but the devil is in the details. Here’s a more detailed, step-by-step guide to ensure you get it right:

1. Download and Print: Get the most recent version of Form I-90 from the official USCIS website. Make sure you print it clearly and use black ink for your entries.
2. Complete Personal Information: Fill in all fields that apply to you, such as your full legal name, any aliases, your A-Number (Alien Registration Number), and so forth.
3. Detail the Reason for Application: USCIS wants to know why you’re filing. Be specific—tick the appropriate box and provide any additional information in the designated areas.
4. Enter Supplementary Data: This could include details like your parents’ names, your class of admission, the date of your original admission, and other specifics asked in the form.
5. Sign and Date: A common mistake applicants make is forgetting to sign and date the form. Make sure you do this; otherwise, the form is considered incomplete.
6. Review, Review, Review: This can’t be stressed enough. Triple-check your entries and make sure everything aligns with the documents you are submitting.

Filing and Processing Fees

It’s not just about completing forms and gathering documents; you’ve got to pay to play. Here’s a more detailed look at the costs:

• Standard Filing Fee: As of 2023, the filing fee is $455. It’s advisable to check the most current fees on the USCIS website as they can change.
• Biometric Services Fee: Certain applicants will also need to pay an additional $85 for biometric services, which includes fingerprinting, photographing, and possibly additional background checks.
• Payment Methods: USCIS accepts a variety of payment forms, including checks, money orders, and credit cards if you’re filing online. Make sure to follow the guidelines on how to make the payment.
• Fee Waivers: Some applicants may qualify for fee waivers due to financial hardships, but these are not guaranteed. Consult USCIS guidelines to see if you might be eligible.
• What Happens If You Pay the Wrong Fee?: Simply put, your application will be returned, and you’ll have to start over, costing you valuable time.

Processing Time

Understanding the timeline is crucial so that you can plan accordingly. Here’s a more detailed breakdown:

1. Typical Timeline: After submission, expect an initial receipt notice within 2-3 weeks, acknowledging that USCIS has received your application. Next comes the biometrics appointment, usually scheduled 3-5 weeks after the receipt. After that, it’s a waiting game. The full processing period commonly ranges from 6 to 12 months.
2. What to Do If Delayed: Waiting can be nerve-wracking, but if your application is taking longer than expected, you have several options:
   • Online Tracking: USCIS allows you to track your case status on their official website.
   • Customer Service: Contact USCIS customer service for any updates or clarifications.
   • Case Inquiry: If the delay exceeds posted processing times, you can initiate a case inquiry online, asking USCIS to check the status of your specific case.

Consequences of Incorrect Filing

Mistakes can not only delay your application but can sometimes lead to denial. Here’s what you should know:

1. What Happens If You Make a Mistake: Errors like missing information or incorrect details can trigger a Request for Evidence (RFE) from USCIS. If you don’t respond adequately, or if the mistake is severe, your application could be outright denied.
2. How to Correct Errors:

• Respond to RFE: If you receive an RFE, it will specify what additional information or corrections are needed. Respond promptly and fully.
• Contact USCIS: For minor errors, contact USCIS customer service to see if the mistake can be corrected without having to reapply.
• Reapplication: If your application is denied due to a severe mistake, you’ll likely need to start from scratch, including paying a new fee.

Frequently Asked Questions

Common questions often arise during this process, such as:

1. Can I travel abroad while my Form I-90 is being processed?: Generally, yes, but it’s risky if your Green Card has already expired.
2. What do I do if my Green Card expires before I receive the new one?: Contact USCIS for a temporary proof of status.
3. Can I work while waiting for my new Green Card?: Yes, you can continue to work, but employers may ask for temporary proof of your status.
4. How do I check the status of my application?: You can track your case status online using the USCIS case tracking system.

Filing Form I-90 is not just a procedural requirement; it’s a crucial step in maintaining your lawful status in the U.S. While the process might seem complicated, paying attention to detail and staying proactive can help you navigate it smoothly. It’s advisable to consult updated guidelines on the USCIS website for the most current information.

Additional Resources

For up-to-date and reliable information, always check these resources:

1. USCIS Official Website: Comprehensive source for all immigration forms and guidelines.
2. Check Case Status Online: Direct link to the USCIS case tracking system to keep an eye on your application.
3. Form I-90 Instructions: The official instruction document can provide more in-depth information on filling out the form correctly.

By staying informed and following each step carefully, your Form I-90 application process should go as smoothly as possible.

If navigating the complexities of immigration law seems daunting, you’re not alone. At Schaffer Herring PLLC, our dedicated team of immigration attorneys is here to guide you through every step of the process, ensuring you understand your rights and options. Whether you’re seeking assistance with visas, green cards, naturalization, or any other immigration matters, we’re committed to providing you with personalized and effective legal solutions. Don’t let legal hurdles stand in the way of your goals. Contact us today to schedule a consultation and learn how we can help you navigate your immigration journey with confidence.