USCIS Extends Evidence of Status for Conditional Permanent Residents to 48 Months with Pending Form I-751 or Form I-829
Our Analysis: USCIS has announced that it is further extending the combined use of the I-797 filing receipt notices that are issued after the filing of I-751 petition to remove conditions on residence, and I-829 petition by entrepreneur to remove conditions on permanent resident status, along with the expiring Permanent Resident Card, from the previous 24 months to new 48 months past the expiration of the Permanent Resident Card. This change started on January 11, 2023 for Form I-829, and it starts on January 25, 2023 for Form I-751.
Conditional permanent residents who properly file Form I-751 or Form I-829 will receive a receipt notice that can be presented with their Form I-551, Permanent Resident Card (also known as a Green Card), as evidence of continued status for up to 48 months past the expiration date on their Green Card, while their case remains pending with USCIS.
Additionally, USCIS will also issue new receipt notices to eligible conditional permanent residents who properly filed their Form I-751 or Form I-829 and who previously received notices with an extension shorter than 48 months and whose cases are still pending with USCIS. Those new receipt notices will also serve as evidence of continued status for 48 months past the expiration date on their Green Card.
This latest announcement is actually an update of the policy from the one that USCIS had initially announced back in September 2021, when USCIS had extended the combined use of the I-797 filing receipt notices with the filing of I-751 petitions and the I-829 petitions from 18 months to 24 months due to prolonged processing delays experienced by the USCIS at that time.
This is a welcome step by the USCIS because the processing times of the I-751 and the I-829 are taking longer than two (2) years to process. It is also an acknowledgement by the USCIS that they are very backlogged in processing and adjudicating these types of cases. Thankfully, this latest extension of time will help to reduce the disruptions in work and travel that many conditional LPRs currently face in their daily lives.
Pasricha & Patel’s Immigration Department has extensive experience in handling business and personal immigration matters. Our team is happy to speak with you on your specific issue.