Extended validity of Green Cards for Removal of Conditions applicants

The United States Citizenship and Immigration Services (“USCIS”) is now extending the validity of Permanent Resident Cards, often called Green Cards, for conditional permanent residents who properly file a Form I-751, Petition to Remove Conditions on Residence (family cases) or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status (EB5 cases) [see announcement]. These conditional permanent resident green cards will be valid for 48 months beyond their expiration date for applicants who properly file a petition to remove conditions. The purpose of this change is to ensure that conditional permanent residents have valid green cards while their petitions to remove conditions are being considered by the USCIS.

The new policy for Form I-829 cases took effect on January 11, 2023. The policy for Form I-751 cases took effect on January 25, 2023.

The USCIS has, in accordance with its new policy, updated the language on Form I-751 and Form I-829 receipt notices. Those with pending Forms I-751 and I-829 who are eligible for the extension will receive new receipt notices from USCIS notifying them of the 48-month extension.

A conditional permanent resident with a pending petition to remove conditions and an expired green card may present the expired green card in conjunction with the receipt notice indicating a 48-month extension as evidence of continued status. However, note again that the 48-month extension only applies while the properly filed petition to remove conditions is pending with the USCIS.

We discuss removal of conditions here on site [see category].