Good News for Conditional Residents: USCIS Extends Green Card Validity

The U.S. Citizenship and Immigration Services (USCIS) has recently announced that it will extend the validity of Permanent Resident Cards (commonly known as Green Cards) for petitioners who properly file either Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. This change became effective on January 11, 2023, for Form I-829, and January 25, 2023, for Form I-751.  

4 Years of Additional Green Card Validity  

The extension will allow Green Cards to remain valid for 48 months beyond the expiration date listed on the Green Card, provided that the applicant has properly filed the appropriate form. This update has been made to accommodate the current processing times for these forms, which have increased over the past year.  

Updated Language in Receipt Notices   

Individuals with newly filed Form I-751 or Form I-829 will receive a Receipt Notice (Notice of Action) from the USCIS with updated language evidencing this automatic extension. On the other hand, eligible conditional permanent residents who have previously filed Form I-751 or Form I-829 and already received a Receipt Notice with a shorter period of automatic extension and whose cases are still pending will be issued new Receipt Notices.  

Proof of Continued Status  

A receipt notice with the language containing the automatic extension of 48 months, together with an expired Green Card, can be presented as proof to demonstrate continued status as a lawful permanent resident in the US, while the case remains under review by USCIS.   

Proof of Employment Authority  

With the same combination of documents (receipt notice with an automatic extension of 48 months language and an expired Green Card), individuals will remain authorized to work.  

Authority to Travel  

Likewise, the same set of documents (receipt notice with the 48-month extension and an expired Green Card) will allow an individual to travel. However, even with this extension, it is always good to note that traveling outside the US for too long while the petition is pending is not a good idea. As a reminder, conditional permanent residents who plan to be outside of the United States for a year or more should apply for a reentry permit before leaving the United States.   

Timeline of Extension Made by USCIS  

Last September 4, 2021, USCIS allowed an automatic extension of a Green Card to applicants with pending Form I-751 or Form I-829 petitions, from 18 months to 24 months.   

USCIS Processing Times Delay

The delay in the USCIS processing times is not a hidden fact. However, conditional permanent residents have always had problems regarding the need to keep extending proof of their status. This move by the USCIS to extend the validity of an expired Green Card for pending I-751 or I-829 applicants is welcome progress for conditional residents.