8 CFR 264.5 - Application for a replacement Permanent Resident Card.
(a)Filing instructions. A request to replace a Permanent Resident Card must be filed in accordance with the appropriate form instructions and with the fee specified in 8 CFR 103.7(b)(1); except that no fee is required for an application filed pursuant to paragraphs (b)(7) through (9) of this section, or paragraphs (d)(2) or (4) of this section.
(b)Permanent residents required to file. A permanent resident shall apply for a replacement Permanent Resident Card:
(1) When the previous card has been lost, stolen, or destroyed;
(2) When the existing card will be expiring within six months;
(3) When the existing card has been mutilated;
(4) When the bearer's name or other biographic information has been legally changed since issuance of the existing card;
(5) When the applicant is taking up actual residence in the United States after having been a commuter, or is a permanent resident taking up commuter status;
(6) When the applicant has been automatically converted to permanent resident status;
(7) When the previous card was issued but never received;
(8) When the bearer of the card reaches the age of 14 years, unless the existing card will expire prior to the bearer's 16th birthday; or
(9) If the existing card bears incorrect data on account of Service error.
(c)Other filings by a permanent resident.
(2) A permanent resident may apply on the designated form to replace any edition of the Permanent Resident Card for any other reason not specified in paragraphs (b) and (c)(1) of this section.
(d)Conditional permanent residents required to file. A conditional permanent resident whose card is expiring may apply to have the conditions on residence removed in accordance with 8 CFR 216.4 or 8 CFR 216.6. A conditional resident who seeks to replace a permanent resident card that is not expiring within 90 days may apply for a replacement card on the form prescribed by USCIS:
(1) To replace a card that was lost, stolen, or destroyed;
(2) To replace a card that was issued but never received;
(3) Where the prior card has been mutilated;
(4) Where the prior card is incorrect on account of Service error; or
(5) Where his or her name or other biographic data has changed since the card was issued.
(1) The prior Permanent Resident Card must be surrendered to USCIS if a new card is being requested in accordance with paragraphs (b)(2) through (5) and (b)(8) and (9) of this section.
(2) A request to replace a Permanent Resident Card filed pursuant to paragraph (b)(4) of this section must include evidence of the name change such as a court order or marriage certificate.
(3) A request to replace a Permanent Resident Card in order to change any other biographic data on the card must include documentary evidence verifying the new data.
(f)Decision. If an application is denied, the applicant shall be notified of the reasons for denial. No appeal shall lie from this decision.
(g)Eligibility for evidence of permanent residence while in deportation, exclusion, or removal proceedings. A person in deportation, exclusion, or removal proceedings is entitled to evidence of permanent resident status until ordered excluded, deported, or removed. USCIS will issue such evidence in the form of a temporary permanent resident document that will remain valid until the proceedings are concluded. Issuance of evidence of permanent residence to an alien who had permanent resident status when the proceedings commenced shall not affect those proceedings.
(h)Temporary evidence of registration. USCIS may issue temporary evidence of registration and lawful permanent resident status to a lawful permanent resident alien who is departing temporarily from the United States and has applied for issuance of a replacement permanent resident card if USCIS is unable to issue and deliver such card prior to the alien's contemplated return to the United States. The alien must surrender such temporary evidence upon receipt of his or her permanent resident card.
(i)Waiver of requirements. USCIS may waive the photograph, in person filing, and fingerprinting requirements of this section in cases of confinement due to advanced age or physical infirmity.
Title 8 published on 2016-09-20
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 8 CFR Part 264 after this date.
Title 8 published on 2016-09-20.
The following are only the Rules published in the Federal Register after the published date of Title 8.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.