News Alert: USCIS extends Green Card validity for Conditional Residents with a pending I-751 or I-829

Photo by Markus Winkler on Unsplash. USCIS is extending the validity of Permanent Resident Cards (also known as Green Cards) for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status for 48 months beyond the card’s expiration date. This change started on January 11, 2023, for Form I-829 and on January 25, 2023, for Form I-751.

The U.S. Citizenship and Immigration Services (USCIS) is extending the validity of Permanent Resident Cards (also known as Green Cards) for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status for 48 months beyond the card’s expiration date. This change started on January 11, 2023, for Form I-829 and on January 25, 2023, for Form I-751.

Why is USCIS extending the validity period?

USCIS is making this change to accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year, with the average processing time for I-751 at all field offices at an all-time high of 32.5 months upon receipt of application and 61 months for I-829 processed at the Immigrant Investor Program Office as of date of publication.

What’s changed?

USCIS has updated the language on Form I-751 and Form I-829 receipt notices to extend the validity of a Green Card for 48 months for individuals with a newly filed Form I-751 or Form I-829. It will issue new receipt notices to eligible conditional permanent residents who previously received notices with an extension shorter than 48 months and whose cases are still pending.

In September of 2021, USCIS piloted a similar program to address the growing backlogs at its field offices due to covid and employee layoffs.

Will I be able to work and travel abroad while I wait for the adjudication of my application?

Yes. The receipt notices issued by USCIS can be presented with an expired Green Card as evidence of continued status, while the case remains pending. By presenting your updated receipt notice with your expired Green Card, you remain authorized to work and travel for 48 months from the expiration date on the front of your expired Green Card.

If you are affected by this development and have questions or concerns, please contact us to see how we can help.  Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration news.


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