Immigration News for Conditional Permanent Residents: I-829 & I-751 filing receipts will now grant extension of conditional permanent resident status for 24 months

Immigration News for Conditional Permanent Residents: I-829 & I-751 filing receipts will now grant extension of conditional permanent resident status for 24 months

by | Sep 8, 2021 | Firm News

Starting September 4, 2021, USCIS is extending the time that receipt notices can be used to show evidence of status from 18 months to 24 months for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence (for marriage-based green card holders), or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status (for EB-5 green card holders).

Conditional permanent residents who properly file Form I-751 or Form I-829 will receive a receipt notice from USCIS 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 24 months past the expiration date on their Green Card while their case remains pending with USCIS.

USCIS is making the change from 18 to 24 months to accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year

It is important to note that any conditional permanent resident who plans to be outside of the United States for a year or more should apply for a reentry permit by filing Form I-131, Application for Travel Document, before leaving the country. For more information on International Travel as a Permanent Resident, see the Green Card page at: https://www.uscis.gov/green-card/after-we-grant-your-green-card/international-travel-as-a-permanent-resident or contact DHP for further inquiry.

Employers should also act with caution against revalidating or updating the employment authorization documents for the I-9 form of a Conditional Permanent Resident.  The Immigration and Nationality Act (INA) strictly prohibits the revalidation of a Lawful Permanent Resident and Conditional Permanent Residents whose Green Card has expired.

Should you have any questions, please do not hesitate to contact our office today.

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