On June 11, 2018, the United States Citizenship and Immigration Services (USCIS) released an important update titled “Update to Form I-797 Receipt Notices for Form I-751 and Form I-829” [PDF version].
The news update applies to petitioners who file the:
Form I-751, Petition to Remove Conditions on Residence; or
Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status.
On June 11, 2018, such petitioners “will receive a Form I-797 receipt notice that can be presented with their Form I-551, Permanent Resident Card [(“Green Card”)], as evidence of continued status for 18 months past the expiration date on their Permanent Resident Card.”
Under prior policy, the Form I-797 was evidence of status 12 months past the expiration date of a Permanent Resident Card for those seeking the removal of conditions. The USCIS stated that it is changing the policy from 12 months to 18 months due to increased processing times for the Form I-751 and Form I-829.
The new policy will not only apply prospectively, but also to “eligible conditional permanent residents whose Form I-751 or [Form] I-829 was still pending as of June 11, 2018.” The new Form I-797 receipt notices will signify that these conditional permanent residence have continued status for 18 months past the expiration date on their Permanent Resident Cards.
The USCIS’s new policy should serve as welcome news to conditional permanent residents facing increasingly long form processing times. A conditional permanent resident seeking the removal of conditions should consult with an experienced immigration attorney for case-specific guidance. Please see our growing collection of articles in our Removal of Condition section of the website [see category]. Please see our sections on Family Immigration [see category] and Investment Immigration [see category] to learn about the underlying immigrant visa categories.
