24th Dec 2011

When Should You File an I-90?

The I-90 is the “Application to Replace Permanent Resident Card” and is necessary under specific conditions if you have a unconditional status already established on your Green card. It is not the same as the i-751 or the i-829.  Both of those are for removal of conditions on a conditional residential green card.  The form applies to the immigrant who has a US Visa but is not seeking citizenship for various reasons. It is five pages long. There is another eight page instruction document. Only two editions are accepted at this time, the November 2010 and the August 2009 versions. This form may be submitted online as well as being mailed in. For the electronic submission there is an additional form, the G-1145, that must be included if one desires an email to confirm the document has been received.

This form is necessary under the following conditions: if you as an immigrant with a US Visa but not seeking citizenship never received your green card and know it was mailed over thirty days prior, the card was returned to USCIS by the post office as undeliverable even though you have not moved or the card arrived with incorrect information on it.

For each option there is a box on the application. You can pick that the card never arrived or that the card was sent to you and has the incorrect information.  This is found in part two of the first page on the document. For the first option you would need to send in copies of one of the three documents:  Form I-797, Notice of Action,received for a previously filed Form I-485, Form I-751, or Form I-90. For the second you need the original I-551 card that has the incorrect information and additional supporting evidence for the changes requested.

Any biographic information that has been legally altered requires copies of the original court order, or a certified copy of the marriage certificate. Be aware that if there has been a clerical error you must submit copies of documents to prove the error in order for there to be a change made.  If you have had changes happen after you submitted the application you need evidence and must make an in-person appearance at the local ASC.  These changes cannot be made via written correspondence.

Should you change your mind about having your green card replaced or updated, there is a way to cancel the application process.  You merely need to send a written request to the Nebraska Service Center in order to stop the application from going through.  Be aware that you forfeit all fees if you do this, however.

If you have a green card and get married or have any other sort of legal change made to your biographic identity you must have your card updated.  Of course if you happen to apply and the card is returned to the agency by the post office you will end up having to pay to have it resent to you.

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