Understanding U.S. immigration procedures can be overwhelming, and figuring out the correct forms for Green Card renewal is no exception. This article aims to clarify the comprehensive guidelines for submitting Form I-90, paying special attention to the specific requirements for children who turn 14 and detailing the exceptions for individuals with conditional Green Cards.

What is Form I-90?

Form I-90 is used by lawful permanent residents (LPRs) to apply for a replacement or renewal of their Permanent Resident Card (AKA Green Card). This form is crucial for maintaining the validity of the Green Card, which may need renewal or replacement due to various circumstances such as expiration, loss, theft, damage, or changes in personal information, like a legal name change. Additionally, Form I-90 can be used to address any errors made on the original card by U.S. Citizenship and Immigration Services (USCIS).

When to File Form I-90

There are several circumstances under which you should file Form I-90:

Expiration of Your Green Card: If your Green Card is about to expire or has already expired, you should file Form I-90 to renew it. Typically, you should start the renewal process about six months before your card expires to account for processing times.
Loss, Theft, or Damage: If your Green Card has been lost, stolen, or damaged, you need to file Form I-90 to obtain a replacement.
Change in Information: If your name or other biographical information has been legally changed since your Green Card was issued, you will need to file Form I-90 to update your card.
Errors on Your Green Card: If your Green Card contains incorrect information due to a USCIS error, you should file Form I-90 to request a corrected card.
Turning 14: Special rules apply for children who are lawful permanent residents. When a child turns 14, they are required to replace their Green Card. We will provide more details on this requirement below.

Important Considerations

Children who are turning 14:

In accordance with the alien registration requirement outlined in Section 262 of the Immigration and Nationality Act (INA), codified as 8 U.S.C. 1302, the USCIS mandates that LPRs who obtained their Green Card before their 14th birthday must renew it upon reaching this age. The reason behind this requirement is primarily because the Green Card, which serves as an official identification document, must contain an accurate and updated photograph that reflects the cardholder’s current appearance. As many are aware, Trump has been prioritizing this compliance under an executive order from earlier this year. For more on this executive order, please see our website: New Alien Registration Requirement from President Trump’s Executive Order.

To comply with this requirement, the child or their guardian should file Form I-90, with USCIS within 30-days after the child reaches their 14^th birthday. If the parent or guardian failed to file Form I-90 during this period, it is still important that the I-90 be filed to comply with the alien registration requirement as soon as possible.

Conditional Green Card Holders

Conditional Green Cards, typically valid for two years, are issued to individuals who obtain permanent residency through marriage to a U.S. citizen or entrepreneurial investment EB-5). Importantly, holders of a conditional Green Card should NOT file Form I-90 to replace or renew their card. Instead, they need to file Form I-751, Petition to Remove Conditions on Residence (for marriage-based conditional Green Cards), or Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (for investment-based conditional Green Cards), within the 90-day period before their conditional status expires.

In conclusion, understanding the nuances of filing Form I-90 is essential for maintaining the validity of your Green Card and ensuring your status as a lawful permanent resident in the United States. From addressing expiration and loss to correcting errors and updating personal information, the timely and accurate submission of Form I-90 is crucial. If you have any questions regarding the I-90, please reach out to me at cprescott@patellegal.com.