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January 27 2023

Validity of Green Cards for conditional permanent residents with pending I-751 and I-829 petitions extended to 48 months

Welcome news to many, U.S. Citizenship and Immigration Services have announced that they will extend the validity of Green Cards for conditional permanent residents with pending I-751 and I-829 petitions to 48 months. 

This change came into effect on 25 January 2023 for those with a pending Form I-751 - Petition to Remove Conditions on Residence, and 11 January 2023 for Form I-829 - Petition by Investor to Remove Conditions on Permanent Resident Status.

According to USCIS, the change will accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year.

This means applicants who correctly filed Form I-751 /Form I-829 will be allowed to continue to work and travel for 48 months from the expiration date on the front of their expired Green Card.

USCIS has also updated the language on Form I-751 and Form I-829 receipt notices and will issue new receipt notices to eligible conditional permanent residents who previously received an extension shorter than 48 months and whose cases are still pending.

These updated receipt notices can be presented with an expired Green Card as evidence of continued status.

Last year, USCIS automatically extended the validity of Green Cards to 24 months beyond the expiration date for those who filed Form I-90 and for lawful permanent residents who have applied for naturalization. 

Conditional permanent residents who plan to be outside the United States for a year or more should apply for a reentry permit by filing a Form I-131 - Application for Travel Document - before leaving the country.