48-Month Extension for Conditional Green Card Holders

 

Conditional residents who properly filed their extension applications will get 48 months of extension of their resident status, according to an announcement today by USCIS.  The filing receipt and the expired Green Card will serve as evidence of the extension.  The effective dates are as follows:

Conditional residents based on marriage: Starting 01/25/2023, the filing receipt of a properly filed Form 751 will contain language extending their green cards for 48 months.

Conditional residents based on investment:  Starting 01/11/2023, the filing receipt of a properly filed Form I-829 will contain language extending their green cards for 48 months.

USCIS will also issue new receipt notices to eligible conditional residents who have already filed their I-751 and I-829 applications. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Conditional Green Card Receipts for I-751 and I-829 Extended to 24 Months

Do you have a pending I-751 or I-829 with USCIS?  The processing time of these applications has increased drastiscally over the past year.  As a result, USCIS announced that, starting Sept. 4, 2021, the temporary extension of applicants' conditional resident status will be extended from 18 months to 24 months.  

Two applications are being affected:  

1) Form I-751, Petition to Remove Conditions on Residence:  This application is to remove conditional resident status of applicants who applied for a marriage-based green card.

2) Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status: This application is to remove conditional resident status of EB-5 investors.

Conditional permanent residents who properly file these applications will receive a receipt notice (Form I-797C).  This receipt notice, when presented with the Conditional Green Card, can serve as evidence of continued status for up to 24 months past the expiration date on the Green Card.  

For pending applications that were filed before Sept. 4, USCIS will issue new receipt notices to the applicants. Those receipt notices will similarly serve as temporary evidence of  conditional status for 24 months after the expiration date on their Green Card.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.)