NIE - Permanent Residency

Since September 11, 2001, there has been increased US DHS scrutiny of all documents held by non-US citizens who enter and reside in the US. Primarily this concern has related to entry into the US however the US DHS has increased scrutiny of a range of foreign nationals currently in the US. Although there is no current information indicating that Permanent Residents are undergoing special scrutiny all Permanent Residents should be aware of the information noted below. However, all foreign nationals who are in immigrant or non-immigrant status should be aware that most institutions, agencies and employers in the U.S. are being required under US immigration regulations to place greater scrutiny on their documentation pertinent to non US citizens sponsored, hired or otherwise associated with those organizations.

Immigrants, as defined by U.S. immigration law, are persons lawfully admitted for permanent residence in the United States. An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States.

Naturalization - Legal Permanent Residents may apply for naturalization which is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

Has been lawfully admitted for permanent residence (see preceding section).
Has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year.
Has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period).
Has resided within a state or district for at least three months.

Dual Nationality - The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance. However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there.

All aliens (including Permanent Residents) in the United States who are required to be registered under the law (INA § 262 and 261) must keep UCIS informed of their changes of address. The only aliens exempt from this requirement are diplomats (visa status A), official government representatives to an international organization (visa status G), and certain nonimmigrants who do not possess a visa and who are in the U.S. for fewer than 30 days (INA § 263). UCIS requires reporting of any address change within 10 days of the change of address. The address reported must be a physical address of residence, not a PO Box or office/university address.

Again this includes all Permanent Residents. UCIS recently issued new guidelines regarding filing the Change of Address form. For more information please go to:

Notice: The USCIS indicates that alien's should apply to replace their current card if the card is a prior version of the alien registration card (Form AR-3, Form AR-103, Form I-151). To find the FORM NUMBER ON THE CARD look on the backside (see sample PDF), cards should read I-551 if not you must apply for a replacement card. These versions are no longer valid to prove immigration status for any purpose and you may be unable to re-enter the US if traveling on one of the older cards. Those holding the older cards should should submit an Application to Replace Permanent Residence Card (Form I-90) to receive the current version (Form I-551). Although currently there is no evidence that Permanent Residents are being required to undergo the special security checks you should be aware that such checks are at the discretion of the UCIS. If you had any criminal convictions or meet other USICE criteria, there is a risk of losing your permanent residence. Lengthy absences from the U.S. (over one year) might also put you at the risk of having the USCIS determine that your permanent residence was abandoned. If in doubt whether to renew, it is suggested that you consult with an immigration attorney.

Background: The USCIS has been issuing Green Cards (Form I-551, Alien Registration Receipt Card) that expire every 10 years. You may apply for a replacement card up to 6 months in advance of the expiration date.

If you have a previous version of the alien registration card (e.g. USCIS Form AR-3, Form AR-103, or Form I-151, these are no longer valid proof of your status) and must replace it with the current permanent resident card (Form I-551). The older versions have no expiration date on them, these cards may now be invalid if they are one of those indicated above.

It is important to note that when your alien registration card expires, you will not lose your status. However, renewal is necessary to maintain evidence
of status and avoid problems when seeking employment, benefits or re-entry into the United States after travel abroad. You should also be aware that by renewing your card, the USCIS will pay attention to whether you have maintained your permanent residency during the previous 10 years.

UCIS web page information : Kindly go to the USCIS site for more information.

I would encourage the employee to apply for a replacement. We had an employee present an old card for I-9 purposes a few weeks ago. He is in his 20's now and the picture on the card was taken when he was about 8. He had to apply for a social security card to replace the one he lost, and the Social Security Administration issued him a card with the "not valid without BCIS authorization" because he had an outdated card. At some point, it will become a problem for the permanent resident.
A few years ago, it was announced that the old cards had to be replaced and that as of a certain date, they would no longer be considered to
be acceptable for re-entry or for I-9 purposes. These individuals were to apply for replacements.
Sounds like your employee falls into that category...
Tuesday, November 19, 2002 1:55 PM - To: The scholars mailing list -Subject: [scholars] Replacement of old Permanent Residency cards

I have an employee who has one of the old permanent residency cards with no expiration date. The last time she traveled, the BICE officer wrote in her passport "I-90 advised". Does anyone know of a requirement for these permanent residents to obtain new cards? I thought if they didn't have an expiration date they didn't have to renew the card. Anyone have any different experiences? Will this employee have problems in the future if she chooses not to take this "advise?"

When I looked up the I-90 form, it indicates that you have to file this form requesting a replacement card if:

Your previous card was lost, stolen, mutilated, or destroyed.
Your card was issued to you before you were 14 and you have reached your 14th birthday.
You have been a commuter and are now taking up actual residence in the United States.
You have been a permanent resident residing in the United States and are now taking up commuter status.
Your status has been automatically converted to permanent resident status, this includes Special Agricultural Worker applicants who are converting to permanent resident status.
You have a previous version of the alien registration card (e.g. BCIS Form AR-3, Form AR-103, or Form I-151, all no longer valid proof of your status) and must replace it with the current permanent resident card (Form I-551).
Your card contains incorrect data.
Your last name or other biographic information on the card has been legally changed since you last received your card.
You never received the previous card that was issued to you by BCIS.

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