“My mother has had an i-90 pending since Sep’23, and USCIS estimates the time to decision is 13 months. She wants to travel in 3 months, what should I do? Can I travel while i-90 is pending?” This is not the first time that someone has had such queries over i-90 and i-90 pending status.
You may know that the i-90 form is an established policy by USCIS which is required to renew or replace green cards often known as the permanent resident card. Green cards are proof of your right to live and work in the United States. This article is outlined to answer your questions and what you should do when i-90 is pending.
What is an I-90 form?
The I-90 Form is an essential document for lawful permanent residents (who are holding green cards) in the United States. It is used to request a renewal or replacement of a permanent resident card. When you are a regular traveler or resident of the United States, this form is required to be filed in case a green card expires, lost, stolen, damaged, or contains incorrect information. For this reason, an I-90 filing keeps you as a lawful beneficiary and preserves your proof that you should be allowed to reside and work in the United States.
Key points to know about I-90 form:
Purpose: To renew or replace a green card.
Eligibility: U.S. lawful permanent residents.
Use cases: Renewing an expiring card, replacing a lost/stolen/damaged card, or correcting information.
Can I Travel While I-90 is Pending?
Generally, it is not advisable to travel with an expired green card while your i-90 form is pending. Not having a green card means you are not a legal citizen of the United States and may be a punishable offense. However, if this is an extreme emergency case, you can have a consultation with the contact center. After consultation, if you get clearance, you can travel with your expired green card and i-90 receipt notice.
However, in an unfortunate situation, if you’ve lost your green card, you may need to get an ADIT (Alien Documentation, Identification, and Telecommunications) stamp on your passport from a USCIS field office to travel. In a nutshell, you must either have an expired green card with an i-90 form pending receipt or have an ADIT stamp to travel.
What happens if you travel with an expired green card?
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It is never advisable to travel with an expired green card, still if you travel with this, you may face serious repercussions –
Re-entry denied at the borders
First of all, you might be asked for your identity and travel of purpose; failing to provide proof may prevent you from boarding. Even if you could board the flight, you will be denied entry to the United States by the border officers if fail to provide valid documentation of permanent resident status.
Legal Obligations
U.S. law requires green card holders to carry valid proof of their LPR status at all times. Traveling with an expired green card may be viewed as noncompliance, although it does not automatically affect your LPR status. So, if your question is can I travel while i-90 is pending, it is not recommended in any way. You may face serious legal obligations.
Potential for Additional Delays
When you don’t have your green card or want to enter the United States with your pending i-90, we again advise you not to travel otherwise consult with experts in extreme situations. Beyond re-entry, an expired green card can cause issues if you need to prove your status while abroad.
What to do when your green card is expired and i-90 is still pending
On many occasions, you may face this rare situation – not having permanent residency documentation and a pending i-90 form. However, you shouldn’t be hampered and make your decisions wisely. The following are the steps you can take to travel –
Steps to Travel While I-90 is Pending
Generally, you have three ways to travel and the steps that you can follow if your green card is expired and pending i-90 status –
- Obtain an I-551 Stamp
- Visit your local USCIS office by scheduling an appointment through the USCIS Contact Center.
- Request a temporary I-551 stamp in your passport, which serves as proof of your lawful permanent resident (LPR) status.
- Bring a copy of your I-90 receipt notice, expired green card, and any travel-related documents.
Travel with a Pending I-90 Receipt Notice
If your green card has expired within the last year, USCIS (U.S. Citizenship and Immigration Services) usually issues an I-90 receipt notice that extends the validity of your expired green card for 12 months. Include this receipt notice with your expired green card as proof of LPR status.
- Obtain a Boarding Foil if You are Abroad
If you are already abroad and your green card has expired, obtain a boarding foil at a U.S. embassy or consulate. Submit Form I-131A, Application for Travel Document, with evidence of your LPR status.
Also Read: Top 10 Benefits of Using a Travel Credit Card
Conclusion
It is not advisable to travel with a pending I-90 form, as it could lead to complications at the border. If you’re wondering, “Can I travel while I-90 is pending?” we recommend following the guidelines in this article to ensure a smooth travel experience. We’ve outlined the top 3 methods for traveling when your permanent residency has expired. For further questions, feel free to comment below.
