USCIS extends the validity of Conditional Permanent Residents to 48 months

The USCIS issued a memorandum on January 25, 2023. extending the validity of Conditional Permanent Residents to 48 months.  I have summarized below the content of the memorandum based on the specific issues.

What is being extended and why?

“The USCIS extended the validity of Conditional Permanent Resident to 48 months because of backlogs and processing delay partly due to pandemic.  Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751 or Form I-829”

Who are covered by the extension and the effective date?

“USCIS is extending the validity of Permanent Resident Cards (also known as Green Cards) for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status for 48 months beyond the card’s expiration date. This change started on January 11, 2023, for Form I-829 and on January 25, 2023, for Form I-751.”

Why did the USCIS extend the validity?

“We are making this change to accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year.”

How do we know that the person involved received the benefit?

“USCIS has updated the language on Form I-751 and Form I-829 receipt notices to extend the validity of a Green Card for 48 months for individuals with a newly filed Form I-751 or Form I-829. “

Are those applicants who received shorter extensions and those cases that are still pending eligible for 48 months extension?

“We will issue new receipt notices to eligible conditional permanent residents who previously received notices with an extension shorter than 48 months and whose cases are still pending. “

May the extension notices be shown as proof of legal stay, work authorization and travel authorization?

“These receipt notices can be presented with an expired Green Card as evidence of continued status, while the case remains pending with USCIS. By presenting your updated receipt notice with your expired Green Card, you remain authorized to work and travel for 48 months from the expiration date on the front of your expired Green Card.”

What steps are needed if the applicant wanted to travel outside the U.S. for one year or more?   

“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 by filing Form I-131, Application for Travel Document, before leaving the United States. For more information, see our International Travel as a Permanent Resident webpage.”

Note:       This is not legal advice.


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