January 2, 2008

Update Regarding USCIS Intention to Require that All Permanent Resident Cards Without Expiration Dates be Replaced

On December 13, 2007, USCIS closed the comment period for its proposed rule to require replacement of permanent residency cards without expiration dates. Currently, permanent residents who have permanent resident cards without expiration dates are not required to apply for new cards with an expiration date, but they are free to do so if they so choose.

As stated in the announcement from USCIS (click here to see the USCIS announcement), Permanent Resident cards without expiration dates are still valid as proof of legal residency and work authorization. However, USCIS has stated that the agency will publish a final rule at some future date that will give a time frame in which permanent residents with cards with no expiration date will be required to file for replacements. USCIS has indicated that it will consider how long it expects to take to adjudicate the replacement applications when setting the end validity date for the old permanent residency cards without expiration dates, so that all permanent residents who apply for the new cards will receive their cards before the expiration of the old cards.

In implementing this rule, USCIS intends to take out of circulation all permanent residency cards that do not contain certain new enhanced security features. Greenburg Traurig will monitor the status of this final rule and post any new information on our website.