USCIS Update for Conditional Green Card Holders

We have an update for you regarding a new USCIS policy specifically directed towards conditional green card holders.  The new policy involves certain receipt notices that USCIS issues for the Form I-751 and Form I-829.  Please read on to learn more. 

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The Conditional Green Card

For certain types of green card cases, including cases involving people who are applying for a marriage-based green card, and in all cases of people that are applying for a green card through the EB-5 Investor Visa Program, the person who is applying will first get a “conditional green card.”  A conditional green card is a two-year green card, which provides all the same rights and abilities while they are in the U.S. as an unconditional green card.  However, the green card has a two-year expiration date.  For that reason, it is referred to as a conditional green card.

Towards the end of that two-year period, the conditional green card holder has to file an application to remove the condition from their green card.  For marriage-based green cards, the petition that has to be filed is called a Form I-751.  In the context of the EB-5 visa, the form that is used is a Form I-829.

Accordingly, a person with a conditional green card needs to file this petition to remove the condition towards the end of their period of conditional permanent residence.  Yet, while the application is processing, the conditional green card holder’s green card expires.  And the way that USCIS deals with that situation is to issue a “receipt notice” (Form I-797C)  to the applicant for the Form I-751 or Form I-829.  The receipt notice, along with the person’s expired green card, acts as proof of the conditional green card holder’s permanent residence status.  Overall, what this means is that the receipt notice serves to extend the person’s green card for the period specified on the receipt notice.  

USCIS New Receipt Notice Policy

Before September 4, 2021, the receipt notice for the Form I-751 or the Form I-829 would act to extend the green card for a period of 18 months.  Starting on September 4, 2021, USCIS has been issuing receipt notices that act to extend the green card for 24 months instead of 18 months.

In short, USCIS is adding an additional six months to the period that the receipt notice can be used to show proof of lawful permanent resident status.  This is a welcome change for those who are concerned that time might run out while their application to remove their green card conditions is processed.  An added six months can bring some extra peace of mind.  (Remember, conditional permanent residents who plan 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.)

Conclusion

In sum, USCIS has recently changed the receipt notices issued for Form I-751 and Form I-829 to extend the duration that the receipt notice can act as proof of your lawful permanent resident status.  The change means that the extension period has gone from 18 to 24 months.  It is great news for both people who have already filed a Form I-751 or a Form I-829 and are still waiting to hear back, and for people who have plans to file their Form I-751 or Form I-829 in the future.

My name is Michael Ashoori and I’m a U.S. immigration lawyer and the founder of Ashoori Law. As an immigration lawyer, I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.  If you have any questions, feel free to schedule a free consultation by clicking this link.