USCIS Extends Green Card Validity for Pending Form I-751 or Form I-829

The United States Citizenship and Immigration Services (USCIS) announced today that it 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 took effect on January 11, 2023 for Form I-829 and on January 25, 2023 for Form I-751.

This change is being made to accommodate the current processing times for Forms I-751 and I-829, which have increased over the last year. As a reminder, the I-751 receipt is issued by the U.S. Citizenship and Immigration Services (USCIS) to individuals who have filed a petition to remove the conditions on their permanent residence. This petition is typically filed by individuals who obtained their permanent residence through marriage to a U.S. citizen and need to prove that their marriage is still bona fide. The I-829, also known as the Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, is a form used by entrepreneurs who have obtained their permanent residence through the EB-5 Investor Visa program. The I-829 petition is used to remove the conditions on the entrepreneur’s permanent residence status, which is initially granted for a two-year period.

The language on Form I-751 and Form I-829 receipt notices has been updated by USCIS to extend the validity of a Green Card for 48 months for individuals who have recently filed Form I-751 or Form I-829. USCIS will send new receipt notices to eligible conditional permanent residents who previously received notices with extensions of less than 48 months and whose cases are still being processed. While the case is still pending with USCIS, these receipt notices can be presented with an expired Green Card as proof of continued status. Beneficiary of the receipt  can work and travel for 48 months after the expiration date on the front of the expired Green Card if they present the updated receipt notice with it.