By Brian Figeroux, Esq. 

Green Cards, officially known as Permanent Resident Cards, serve as proof of an individual’s authorization to live and work permanently in the United States. Prior to August 1989, the U.S. government issued Green Cards without expiration dates. These cards, often referred to as “indefinite” Green Cards, remain valid today. However, there are compelling reasons to consider replacing them with the modern version, which includes a 10-year expiration date and enhanced security features.

Validity of Green Cards Without Expiration Dates

Green Cards issued between 1977 and August 1989 lack expiration dates. Despite their age, these cards are still recognized by U.S. Citizenship and Immigration Services (USCIS) as valid proof of lawful permanent residency. USCIS has not mandated their replacement, allowing holders to continue using them for employment verification, international travel, and other purposes. 

Challenges Associated with Indefinite Green Cards

While these older Green Cards remain valid, they can present several challenges:

• Travel Complications: During international travel, U.S. Customs and Border Protection (CBP) officers may scrutinize older Green Cards more closely. If the photograph on the card is outdated, it may be difficult for officers to verify the cardholder’s identity, potentially leading to delays or additional questioning upon re-entry to the United States. 
• Employment Verification Issues: Employers are required to verify the employment eligibility of their employees. An older Green Card without an expiration date might raise concerns during the Form I-9 employment verification process, especially if the card’s appearance has deteriorated over time. 
• Security Concerns: Modern Green Cards incorporate advanced security features designed to prevent fraud and counterfeiting. Older cards lack these enhancements, making them more susceptible to tampering and potentially less secure. 

Process for Replacing Indefinite Green Cards

Given these potential issues, USCIS recommends that individuals with older Green Cards consider replacing them with the current version. The process involves the following steps:

1. Filing Form I-90: To initiate the replacement, applicants must file Form I-90, Application to Replace Permanent Resident Card. This form can be submitted online or by mail. 
2. Biometric Services Appointment: After submitting Form I-90, applicants will receive a notice to attend a biometric services appointment. During this appointment, USCIS will collect fingerprints, photographs, and signatures to update records and enhance security.
3. Paying the Applicable Fees: As of the latest information, the filing fee for Form I-90 is $455, with an additional $85 biometric services fee, totaling $540. Applicants should verify the current fees on the USCIS website, as they are subject to change.
4. Awaiting Processing: USCIS processing times can vary. Applicants will receive a receipt notice extending the validity of their current Green Card for a specified period, allowing continued employment and travel authorization while awaiting the new card. As of September 2024, USCIS automatically extends the validity of Permanent Resident Cards for 36 months for individuals who have properly filed Form I-90. 

Considerations Before Replacing an Old Green Card

While replacing an old Green Card can offer benefits, it’s important to consider certain factors:

• Criminal History: USCIS conducts background checks during the replacement process. Individuals with prior criminal convictions should consult with an experienced immigration attorney before applying, as certain offenses could impact immigration status. 
• Naturalization Eligibility: Permanent residents eligible for U.S. citizenship might consider applying for naturalization instead of replacing their Green Card. Naturalization confers the benefits of citizenship, eliminating the need for future Green Card renewals.

Conclusion

While Green Cards without expiration dates remain valid, replacing them with the modern version can mitigate potential travel, employment, and security issues. The replacement process involves filing Form I-90, attending a biometric services appointment, and paying the applicable fees. Individuals should assess their personal circumstances, including any legal considerations, before proceeding with the replacement. Consulting with an immigration attorney can provide personalized guidance tailored to one’s specific situation.

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