USCIS permits use of modified I-797  as evidence of 12-month extension for expired green cards

USCIS recently announced a modified process that will ease the impact of card production and USCIS appointment delays for lawful permanent residents (“LPR”) seeking to renew expired or expiring green cards (Form I-551).

While an LPR’s work-authorized status does not expire, it is necessary to for the green card to be unexpired on its face for it to be used for employment, travel, driver’s license application and other similar purposes that require documents presented to be unexpired. To renew a green card, LPRs would complete a Form I-90 .  The new card, however, can several months to be received.

Beginning in January 2021, LPRs who file Form I-90 Application to Renew or Replace Form I-551 will receive a modified I-797 Notice of Action that they may use as evidence of a 12-month extension of their current green card.  This notice is expected to be received within 7-10 days after USCIS receives the Form I-90.

This I-797, in combination with the expired green card may be used as evidence of identity and employment authorization as a List A document for the Form I-9, as well as authorization to return to the United States following temporary foreign travel.