One of the most exiting moments for a green card applicant is receiving the “New Card Produced” status update or the actual I-485 approval notice or green card in the mail. Congratulations! This article contains additional steps and considerations for new green card holders, with focus on employment-based immigrants.
Travel or Employment While Waiting for Green Card Production and Receipt
The green card is produced and mailed shortly after the I-485 application is approved. In most cases this takes a few days, but it may be up to several weeks. Also, the green card is mailed to the address USCIS has on file; if the applicant has changed addresses and not informed USCIS the actual card may be mailed to a prior address.
While waiting for the green card, if the applicant needs to travel or show work authorization, they may be able to call USCIS’s Customer Service number and ask to be scheduled to visit a local USCIS service center where a Form I-551 stamp can be placed on their passport as temporary evidence of lawful permanent resident status. This stamp will authorize travel internationally and return to the U.S. as a permanent resident; it would also serve as a work authorization document in the absence of the actual green card document.
Check Green Card for Accuracy
Unfortunately and while not very common, USCIS sometimes makes mistakes when issuing the green card — once the actual physical card is received, please make sure to check the name spelling, preference category, date of birth and the rest of the information on the front and back of the green card. Corrections are easier to be made soon after approval.
Check if Priority Date Was Current At the Time of Approval
We also recommend checking that the underlying petition (I-140, I-130) priority date was current during the month when the I-485 adjustment of status application was approved. If the priority date was not current, this may suggest a premature (and erroneous) approval which may have major consequences. Please see our alert on how to identify and correct premature I-485 approvals.
Temporary EAD/AP and Nonimmigrant Petitions (H-1B, L-1, etc.) No Longer Valid After Green Card Approval
As a result of the I-485 Adjustment of Status application approval, any temporary I-766 EAD Work Permit and Advance Parole documents are no longer valid because the I-485 is no longer pending. The work authorization and travel document is the green card. Similarly, any active or pending nonimmigrant petitions or status (such as H-1B, L-1) are no longer valid as well. For applicants who are maintaining valid nonimmigrant status (such as H-1B), they can consider informing USCIS of the green card approval and revoking the petition as it is no longer in effect. Also, new green card holders should inform their employer and present the green card as their new work authorization document; the employer may need to update their I-9 records.
Replacement Social Security Card (Same Social Security Number)
Most social security cards for work-authorized non-immigrants are marked with “VALID FOR WORK ONLY WITH DHS AUTHORIZATION.” Green card holders can contact the Social Security Administration in order to obtain a replacement card without this notation. This is optional – the social security number remains unchanged and the green card holder can use their existing card with the notation together the green card to show work authorization when taking up new employment.
Selective Service Registration
All men who permanent residents at any time between the ages of 18 and 26 are required to register with the U.S. Selective Service System (“SSS”). The Selective Service collects the names of young men who are available to be called up in a military draft (non-immigrants are not required to register). Registering for Selective Service does not mean that you have to actually become a member of the U.S. armed forces. However, you are expected to be ready to join if a large-scale war or similar emergency arises.
Normally, when an I-485 Adjustment of Status application is filed, USCIS provides the registration information to the Selective Service System automatically; however, this is not always guaranteed to happen and we recommend that you contact SSS to ensure that any registration obligations are actually completed. Not registering with SSS can have severe negative implications including a possible denial of a future U.S. citizenship application.
Eligibility for U.S. Citizenship and Naturalization
Employment-based immigrants should be eligible to apply for U.S. Citizenship in approximately five years unless they are married to and living with a U.S. citizen spouse in which case the naturalization eligibility period is three years. There are additional requirements such as good moral character, spending most of the time in the US, no long (180+ days) stays outside of the US, and others. See overview of the naturalization eligibility requirements. Our office is happy to help you evaluate the criteria and a possible naturalization application – contact us.
Obligation to Notify USCIS of All Address Changes
New green card holders continue to be required under law to notify USCIS of any address changes within ten (10) days following such address change (see more details). You can file Form AR-11 electronically at www.uscis.gov. Please make sure to maintain records and evidence of address changes. This obligation continues at least until becoming a US citizen.
Living and Working Outside of the United States
If a green card holder decides to spend an extended period of time outside of the United States, they should keep in mind that there are certain rules about spending time outside of the United States and retaining the permanent resident status. Generally, a green card holder is expected to reside on a permanent basis in the United States; however, there are ways to protect the green card in case extended stay outside of the US is required. Please review our dedicated reentry permit website or contact us if we can help.
Conclusion
Congratulations to the new green card holders, many of whom have been waiting for more than 10 years. We are hoping this alert is helpful to understand what happens post-green card approval and what are some steps and considerations. Please feel free to subscribeto our free weekly newsletter to obtain developments on this and related topics. If our office can be of any help with any of the H-1B visa alternative options, please feel free tocontact us.
