Signature Immigration Forms (September 3, 2021, 10:00 PM) USCIS announced today that starting tomorrow, September 4, 2021, it is extending from 18 to 24 months the time that the Receipt Notice on Form I-797 (Notice of Action) can be used to show evidence of status and authorization to work and travel 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.

Conditional Permanent Residents who properly file Form I-751 will receive a Receipt Notice on Form I-797 (Notice of Action) that can be presented along with their Form I-551, Permanent Resident Card (also known as a Green Card), as evidence of continued status for up to 24 months past the expiration date on their Green Card, while their case remains pending with USCIS. Additionally, USCIS will issue new receipt notices to eligible Conditional Permanent Residents who properly filed their Form I-751 or Form I-829 before September 4, 2021, and whose cases are still pending.

USCIS is making the change from 18 to 24 months to accommodate current processing times due to the increased backlog of cases pending for the above-mentioned forms.

For example, if your Permanent Resident Status is conditional based on a marriage to a U.S. Citizen or a Permanent Resident that was less than two years old on the day you became a Permanent Resident. Your status is conditional until you prove that you did not enter the marriage to circumvent the Immigration Laws of the United States.

You must apply to remove the conditions of your Conditional Permanent Residence 90 days before your Conditional Permanent status expires. Failure to file Form I-751 prior to the two-year expiration date of your Conditional Green Card will result in the termination of the Permanent Resident status, and you can be placed in removal proceedings before an Immigration Judge.

A Conditional Resident is eligible to remove the conditions on permanent residence if he or she:

  • is still married to the U.S. Citizen or Permanent Resident Spouse after two years;
  • the Conditional Resident's children may be included in the application if they received their conditional resident status at the same time or within 90 days;
  • is a child and validly cannot be included in his or her parents' application;
  • is a widow or widower who entered the marriage in good faith;
  • is divorced from the U.S. Citizen or Permanent Resident Spouse, but entered the marriage in good faith;
  • entered the marriage in good faith, but either the Conditional Resident or their children were abused by the U.S. Citizen or Permanent Resident Spouse.

Conditional Permanent Residents who are still married to the same Spouse through whom they gained conditional residence, must file the petition jointly with their Spouse. If the marriage has ended through a divorce, the death of your spouse, annulment, or other reasons; you can request a waiver of the joint filing requirement.

These days, USCIS is requiring much more evidence than before to prove the legitimacy of the marriage. If you don’t submit enough evidence, if the evidence that you do submit is questionable, or if there are errors in your application; you may be required to appear for an interview with an Immigration Officer at your nearest USCIS office.

If you have questions about how to remove the conditions of your Permanent Resident status give us a call at 1 (833) MYFORMS; or to find out when exactly you should apply, complete our free I-751 Preliminary Questionnaire and get a detailed evidence checklist for your reference.

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