Extension of Status for Conditional Residents with Pending Petition to Remove Conditions on Residence

A person who has acquired permanent resident status through marriage that is less than two years old is granted an initial two year period of conditional permanent residency and is eligible to file a Form I-751, a petition to remove the conditions of residence, 90 days preceding the expiration of permanent residence card. 

Once a Form I-751 has been filed, the USCIS issues a Form I-797, Notice of Action extending the beneficiary’s conditional resident status for one year period thereby also extending her/his travel and employment authorization.  This Form I-797 along with the expired I-551 can be used as evidence of status in the United States. 

Though most of the applications for removal of conditions on residence are adjudicated in less than a year, an individual whose Form I-751 has not been adjudicated during this this one year period can face issues as s/he may not be eligible to work and/or travel outside the U.S once the initial extension of travel and employment authorization expires. 

Fortunately, per regulation under 8 CFR 216.4(a)(1), upon receipt of a properly filed Form I-751, beneficiary’s conditional permanent resident status is automatically extended until a decision  is made on the Form I-751.  Those beneficiaries whose I-551 & I-797 has expired or is about to expires are eligible to make an Infopass appointment at their local USCIS office and get a temporary I-551 stamp with a 12-month expiration date in their passport.  If the beneficiary is not in possession of an unexpired foreign passport, s/he can obtain a temporary I-551 with a 12 month expiration date on her/his Form I-94.