travelling outside us with pending i 751

Traveling with a pending Form I-751

In this article, we will cover important information about Form I-751, Petition to Remove Conditions on Residence , including what it is and when it needs to be filed. We will also address whether it’s possible to travel while an I-751 application is pending, what risks a permanent resident might face, and what documents they need to carry. By the end of this article, we hope to provide a better understanding of how to protect an immigration status while traveling with a pending I-751 application.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. The immigration process and requirements can be complex and may vary depending on individual circumstances. It is highly recommended to consult with an immigration attorney or qualified professional for personalized guidance regarding a specific situation. The decision to travel while an application is pending is ultimately the responsibility of the traveler.

What is an I-751?

Having conditional permanent resident status means that the green card that was granted is valid for only two years. Eventually, the conditional resident or two-year green card holder will need to file  Form I-751 to remove the conditions on their green card and obtain a standard 10-year green card. This form is also known as the Petition to Remove Conditions on Residence. 

Typically, individuals who receive a two-year conditional green card have been married to their US citizen or permanent resident spouse for two years or less when they applied for their green card and will need to file an I-751 to remove conditions.

When does Form I-751 Need to be Filed 

USCIS requires that Form I-751 be filed within the 90-day period leading up to the expiration of the conditional resident’s two-year green card. The processing time for an I-751 varies, but it can take months or even years in some cases. It is important to note that the processing times may change due to various factors, such as USCIS workload, the complexity of the case, and other external factors. While these timelines may seem long, USCIS does grant extensions for expired green card holders who file the I-751 on time. We will go over this in more depth later in this article. 

For more information on Form I-751, please see the following articles:

• Form I-751 & How to Prove Your Marriage is Legitimate
• What happens after submitting your I-751 – Petition to Remove Conditions?
• How to Apply to Remove the Green Card Conditions
• Calculating When to File for the Removal of Conditions

Can You Travel While Your I-751 is Pending?

When it comes to traveling with a pending I-751 application, it’s important to understand the unique circumstances surrounding the validity of a two-year green card. Typically, individuals file their I-751 petition within the 90 days before their conditional green card is set to expire. This means that during the I-751 processing period, individuals have an expired green card that cannot be used for work or travel.

To address this situation, USCIS sends an extension notice to the applicant upon receiving the I-751 application. This notice, when combined with the expired green card , serves as proof of extension and extends the validity of the green card for a period of 12-48 months, depending on the length of extension granted. This extended validity works as proof of holding Permanent Resident status and can be used for things such as traveling outside the US and continuing to work.

It’s important to note that both the extension notice and the expired green card must be presented when entering the US or seeking employment. Together, these documents serve as valid proof of Lawful Permanent Resident (LPR) status. Presenting one without the other will not be considered sufficient proof.

Additionally, applicants have the option to visit a USCIS field office and obtain an I-551 stamp in their passport as additional proof of the green card extension once they have the I-751 extension notice. While obtaining the I-551 stamp is optional, it can provide further assurance when traveling or seeking employment.

Before Departing

Before departing, permanent residents should ensure that their application is still pending and does not have any important updates pending, such as appointment scheduling, requests for evidence, approvals, and/or denials. They should also make sure that their current green card and other documents, such as their passport or any necessary visas, are up-to-date and valid. Additionally, when traveling with a green card extension, it is important to return to the US before the extension expires.

It is also important to note that traveling with a pending I-751 application can come with risks. 

The permanent resident with a pending I-751 will potentially be scheduled for both biometrics and interview appointments and will need to attend those appointments if scheduled. Also, remember to follow USCIS guidelines (discussed below, in part) to not abandon status by spending too much time outside the US or taking up residence in another country. 

Length of the Trip

A legal permanent resident is expected to live in the US. A permanent resident can travel outside the US, but there are a few things to keep in mind when doing so. The trip must be temporary, and typically, the traveler cannot remain outside the United States for more than 1 year.

Absences of more than 180 Consecutive Days

Trips of 180 days or more can invite additional questions about the nature of a trip outside the US. When returning from a trip abroad, the Customs and Border Patrol (CBP) officer may ask a traveler with a pending green card application or extended green card additional questions about their trip like:

• Where have they been outside the U.S.?
• How long were they there?
• What were they doing there?
• Why are they coming to the U.S. now?
• What ties to the U.S. did they keep while they were away?

Generally, the CBP officer asking these questions is trying to determine the reasons for the immigrant’s overseas trip and their intent to maintain the U.S. as their principal place of residence. At the port of entry after their travel abroad, they may be asked to provide evidence that the intending immigrant has continuing ties to the United States and that they intend to continue living here. For example, documentation of ongoing employment in the United States may be requested.

Absences of more than 365 Consecutive Days

A green card can become invalid for reentry if the permanent resident has been outside the United States for one year or more. Additionally, a US permanent residence may be considered abandoned for absences shorter than 1 year if the permanent resident takes up residence in another country.

Permanent residents of the US who plan on being outside the country for more than one year can apply for a reentry permit, which ensures that the resident did not intend to abandon their status. A reentry permit is obtained by filing Form I-131, Application for Travel Document, which should be filed and approved prior to leaving the US

Eligibility for US Citizenship

It’s crucial for permanent residents to be mindful of their travel duration to ensure they maintain eligibility for US citizenship. Prolonged absences may disrupt a green card holder’s continuous residence requirement and could impact their eligibility for naturalization.

Documents to Carry While Traveling with a Pending I-751

Permanent residents should carry both their expired green card and the I-797 receipt notice, which has the extension on it. In addition to these documents, permanent residents should carry other identification documents, such as their passports and driver’s licenses. It’s also a good idea to have a copy of a travel itinerary.

As a reminder, border entry requirements can change depending on current national or global circumstances, so travelers should be sure to check the CBP website before traveling outside the US so that they can be aware of any travel restrictions or special rules that may be in effect temporarily. 

It is also important to note that Green Cards serve as proof of permanent residency in the United States and do not impact an individual’s status as a passport holder for their home country. When planning travel to other countries, such as Canada for example, it is important to review the specific travel requirements based on the passport held rather than relying on the US Green Card. Each country has its own entry requirements, visa regulations, and passport validity rules that should be consulted to ensure a smooth and hassle-free travel experience. Travelers should remember to check with the relevant authorities and consulate of the country they plan to visit to stay informed about the specific travel requirements based on their passports.

It’s important to carry the required documents to avoid any complications at the border. If a permanent resident doesn’t have the necessary documents, they may be denied entry or face additional questioning. However, if they have the required documents, they can help prove their identity and immigration status, making it easier to enter the US. 

Entry into the United States is at the discretion of the Border Patrol officer. Avoiding doing things like breaking laws, lying, or failing to follow customs or entry requirements can reduce the risk of problems at the border.

Loss of Critical Documents While Abroad

If a permanent resident loses any of their documents while abroad, they should take immediate action to replace them. Contact the nearest US consulate or embassy to report the loss and apply for replacement documents. It is also a good idea to always keep high-resolution digital copies of the documents as well.

The US embassy or consulate may be able to issue a boarding foil , also known as a transportation letter or boarding letter, which is a temporary travel document issued by a US embassy or consulate to individuals who are permanent residents of the United States but have lost or do not have a valid green card. It allows them to travel back to the US and serves as proof of their immigration status. The boarding foil is typically issued in urgent or emergency situations when the individual cannot obtain a replacement green card before their planned travel. It is important to note that a boarding foil is only valid for a single entry and should be used in conjunction with other identification documents, such as a passport, to facilitate re-entry into the United States.

When a permanent resident has a pending I-751 application and plans to travel, it’s crucial to stay informed about the rules and regulations. Entry requirements can change depending on current national or global circumstances, so be sure to check the CBP website . To ensure a successful trip, make sure to carry the expired green card, the I-797 receipt notice, and other identification documents. These documents are essential for re-entering the United States.

In case any of these documents are lost, don’t panic! Contact the nearest US embassy or consulate immediately. Seeking professional advice can also help clarify any questions or concerns about the process. Having high-quality scans of all documents stored in a safe digital location can be helpful in situations such as this. 

Remember, protecting immigration status is crucial when traveling with a pending I-751 application. Taking the necessary steps can help ensure a smooth trip and prevent any issues with immigration status. We hope this article has been helpful in providing the information needed to travel with confidence. Stay informed and take the necessary steps to protect your immigration status.

We encourage you to stay informed and take the necessary steps to safeguard your immigration status while traveling. Remember, this article provides general information and is not a substitute for personalized legal advice. If you have specific questions or concerns, consult with an immigration attorney or qualified professional who can provide guidance tailored to your situation.

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Travelling with a pending I-751

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Travel with a Pending I-751 Petition

Summer seemed to come early in Portland this year as temperatures spiked into the high 90’s at the beginning of June. While this may have just been a late-spring tease, now that the solstice is behind us, we can officially say that summer is in full swing. This means that summer vacations and warm-weather travel plans are likely imminent.

The ability to travel both domestically and internationally is always one of the biggest concerns for individuals with pending immigration cases. If you’re a hopeful immigrant in the US, you more than likely have family, friends, or business ties in other countries and most likely are not interested in giving up your right to go abroad or visit your home country. Unfortunately, depending on where you are in the process and what type of immigration benefit you are applying for, there may be restrictions on your ability to travel. Therefore, you should always ensure it is safe for you to travel before you book tickets.

The good news is that if you are a conditional resident waiting on a pending I-751 to remove conditions on your Green Card, you are legally allowed to travel internationally and you will not risk abandoning your status or forfeiting your pending case as long as you follow a few simple steps and make sure everything is in order before heading out.

Current processing times for I-751 petitions are upwards of 18 months. With such delayed processing, there’s a very good chance that, at some point, you’ll find yourself with a planned trip and no 10-year Green Card. Here are a few helpful guidelines to keep in mind if you are planning to travel this summer (or any time!) while your I-751 Removal of Conditions application is pending:

You should not leave the country until you have received your I-797C Notice of Action, Receipt Notice from USCIS

This notice confirms that your petition was received by USCIS and contains language that extends your permanent resident status for an additional 18 months beyond the expiration date listed on your conditional Green Card. Your I-751 Receipt Notice will likely be the only document validating your legal status once your conditional Green Card has expired.

In the case that you do not have access to your receipt notice, you may be able to attend an InfoPass appointment at USCIS to receive an I-551 extension stamp in your passport. USCIS can verify if you are eligible to receive this stamp for travel when you call to schedule the appointment.

You should complete your biometrics appointment before going anywhere, or make sure you have someone at home to help reschedule it.

If you have just recently filed your I-751, you will likely be scheduled for a biometrics appointment to have your fingerprints and photograph taken. Due to current delays, it is difficult to predict when this appointment will be scheduled. It is a good idea to stay in the US until you have completed this appointment. If this is not possible, you should make sure that your attorney or someone at your address will be able to receive the notice if it arrives while you are away. You should then request right away to have the appointment rescheduled. If you do not reschedule and do not show up for your appointment, USCIS may consider your application abandoned.

You should not be away for too long.

It is not a good idea to travel for an extended period of time (6+ months) while your application is pending. If you do need to leave the country for several months, you should seek guidance on maintaining your application and potentially applying for a Re-entry Permit.

You should keep your important documents with you at all times.

Finally, when you do leave on your trip, you should be sure to carry both your expired Green Card and your I-751 Receipt Notice with you and keep them in a safe place at all times. Failure to present your I-751 Receipt Notice to border patrol officials can result in a fine or denied entry.

Due to the extreme delays and inconsistencies we are currently seeing with I-751 applications, conditional residents should keep in mind that they may have the option to file for Naturalization while their I-751 is processing . If you have been in the US for two years and nine months and you are married to a US citizen, you may be eligible to apply to become a US citizen (even if your I-751 has not been approved yet). Filing these applications concurrently can help streamline the process as you will likely get called in for a single interview to adjudicate both applications at the same time. At the end of the process, you’ll be a US citizen!

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USCIS’ Processing of Concurrently Pending Forms N-400 and Forms I-751

On October 7, 2020, the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) hosted a public webinar to discuss USCIS’ Processing of Concurrently Pending Forms N-400 (Application for Naturalization) and Forms I-751 (Petition to Remove Conditions on Residence). Subject matter experts (SMEs) from U.S. Citizenship and Immigration Services (USCIS) also joined this session.

In the family-based immigrant context, permanent resident status is conditional when it is based on a marriage that was less than 2 years old on the date the individual was granted permanent residence status (either through admission to the United States on an immigrant visa or adjustment of status to permanent residence). A conditional permanent resident receives a Form I-551, Permanent Resident Card , valid for 2 years. In general, a conditional permanent resident must jointly file an I-751 petition with his or her petitioning spouse. Absent good cause and extenuating circumstances, the I-751 petition must be submitted to USCIS during the 90-day period prior to the 2-year conditional residence expiration.

All the rights and privileges that apply to lawful permanent residents, however, apply to conditional residents, including the right to apply for naturalization. Also, pursuant to Section 319(a) of the Immigration and Nationality Act, the spouse of a citizen may naturalize after residing in the United States for 3 years after becoming a lawful permanent resident, rather than 5 years as generally required. Lawful permanent residents who are eligible to naturalize under this provision of law may file their N-400 applications up to 90 calendar days before they complete their 3-year permanent residence requirement. All the other requirements for naturalization must be met on the day of filing the application. Due to the lengthening of processing times for I-751 petitions, both a request to remove the conditional status and an application for naturalization may be pending at the same time, which creates operational and adjudication issues at USCIS.

During this session, the speakers explained the circumstances under which Forms N-400 and I-751 may be pending concurrently, clarified USCIS’ current processes when handling and adjudicating these concurrently pending forms, and allowed stakeholders to share their experiences with this process. For example, the speakers confirmed that I-751 receipt numbers with the prefix MSC are routed for interview scheduling; receipt numbers that do not contain the MSC prefix (e.g., EAC, VSC, LIN, etc.) are routed to the appropriate service center for an interview waiver determination. The speakers also clarified that, if the jointly filed I-751 petition is pending at the time of the N-400 interview, an applicant should bring his or her petitioning spouse to the naturalization interview.

Almost 450 stakeholders joined this webinar [attorneys/legal representatives – 67%, employers – 4.5%, government workers – 10%, petitioners/applicants – 6.5%, and others – 12%]. They submitted 123 written questions. USCIS’ SMEs answered some of these questions during the engagement and committed to responding to others in writing after the webinar. Participants expressed interest in understanding USCIS’ current processes when handling and adjudicating these concurrently pending forms (I-751 and N-400), knowing the processing times for both forms, obtaining guidance for attending in-person appointments (if spouses or attorneys can join interviews given the COVID-19 health emergency), clarifying when interview waivers apply, and obtaining information on how to proceed when one of the forms is outside of the normal processing times, but the other form is not. Below is a sample of the questions received:

• Why is it taking USCIS so long to review applications?
• Are electronically filed N-400 applications processed faster than those filed on paper?
• What happens to the concurrently-filed N-400 if the I-751 is denied?
• What is the process if the green card expires while the I-751 adjudication is still pending, and the petitioner needs to travel overseas?
• Michael Dougherty, Ombudsman
• Bertha Anderson, Chief of Public Engagement and Outreach at the Ombudsman’s Office
• Michael Onka, Senior Advisor at the Ombudsman’s Office
• Shelly Sweeney, Adjudications Officer at USCIS
• James Weidemann, Adjudications Officer at USCIS
• Fred Dimichele, Adjudications Officer at USCIS

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Home » Blog » Form I-751 FAQs: Removing Conditions on a Green Card

Form I-751 FAQs: Removing Conditions on a Green Card

October 17, 2023 Replace/Renew Green Card

If you received a conditional green card through marriage to a U.S. citizen, you may have questions about how to get your 10-year green card. We’ve compiled a list of frequently asked questions related to preparing and filing Form I-751 to remove conditions on a green card.

CitizenPath’s online software helps conditional residents prepare Form I-751 with guaranteed results. Based on our experience, we wanted to share some of the most common questions related to the removal of conditions and filing the I-751 petition.

What is a conditional green card, and why is it only good for two years? When can I file Form I-751 to remove conditions on my green card? What happens if I do not file Form I-751 within 90 days of my green card expiration date? I lost my green card. Should I file Form I-751 now? I’m divorcing my spouse. Can I still use Form I-751 to remove conditions on my green card? Can I include my children on the same Form I-751? What should I send with Form I-751 to provide proof of a bona fide marriage? How long does it take to get a permanent green card after filing Form I-751? Can I apply for citizenship while I'm waiting for I-751 approval? How can I get help preparing my I-751 package?

What is a conditional green card, and why is it only good for two years?

When you obtain a green card through marriage to a U.S. citizen, the U.S. government admits you as a conditional resident if the marriage is less than two years old at the time of the admission. The status is valid for two years, and consequently the conditional green card expires after two years. You have all the same rights and privileges of a lawful permanent resident, but there’s one more step to make it permanent.

Conditional residency is like a probation period. During the two years, you and your spouse build a record of your married relationship together. At the end of the period, you will file Form I-751, Petition to Remove Conditions on Residence . Additionally, you'll need to include supporting documents as evidence of the bona fide marriage.

The conditional two-year period is in place to help prevent marriage fraud. Therefore, couples should take the filing process very seriously as it’s more than just filing a form. The couple must prove their good faith marriage. Upon approval of the I-751 petition, the permanent resident (along with any children that filed on the same petition) will become lawful permanent residents with 10-year green cards.

When can I file Form I-751 to remove conditions on my green card?

As a conditional resident, your green card is valid for two years. Generally, you and your spouse must file Form I-751 to remove the conditions on the green card in the 90-day period before your green card expires. It's a joint petition -- so both spouses file Form I-751. (You may request to waive the joint filing requirement under certain circumstances that you are unable to file jointly.)

Some people get confused when USCIS refers to a “two-year anniversary.” The anniversary refers to your permanent resident status, not your marriage. Review the front of your green card and locate the expiration date. You can file Form I-751 any time in the 90 days that precedes the expiration date.

What happens if I do not file Form I-751 within 90 days of my green card expiration date?

If the you fail to file Form I-751 (Petition to Remove Conditions on Residence) before your green card expires, you can lose your resident status. Without a valid immigration status, immigration enforcement has the authority to remove you from the United States.

However, if you fail to file through no fault of your own, you may file late with a written explanation and request that USCIS excuse the late filing. USCIS may excuse your failure to file before the expiration date if you demonstrate certain criteria. When you submit the petition, you must show that the delay was due to extraordinary circumstances beyond your control. You'll also need to demonstrate that the delay was reasonable. If you do have a compelling reason to file late, you should respond immediately. And you should consider contacting an immigration attorney that can guide you through this process.

Again, there is an exception if you are applying for a waiver of the joint filing requirement . You may file Form I-751 at any time after you are granted conditional residence and before you are removed from the United States.

I lost my conditional green card. Should I file Form I-751 now?

If you have a lost, stolen or damaged green card, you may need to file Form I-90, Application to Replace Permanent Resident Card , to obtain a new one. There will be a government filing fee, and it will take approximately 8 to 12 months to receive a new card. However, do not use Form I-90 if you are within the 90-day window before your card expires. And never use Form I-90 to renew your conditional green card; you may only use Form I-90 to replace it.

I’m divorcing my spouse. Can I still use Form I-751 to remove conditions on my green card?

In general, you are required to file Form I-751 jointly with the spouse through whom you obtained conditional status. However, sometimes life events get in the way. You may apply for a waiver to the joint filing requirement if:

• Your spouse is deceased;
• You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
• You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse;
• Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent's spouse or by your conditional resident parent; or
• The termination of your status and removal would result in extreme hardship.

The waiver is not a separate form. You should prepare Form I-751, Petition to Remove Conditions on Residence, and select the appropriate category in Waiver or Individual Filing Request (Part 3).

If you apply for a waiver to the joint filing requirement, be aware that USCIS will likely scrutinized your petition more closely. You will need to provide ample documentation that proves you entered your marriage for genuine reasons, not for the purpose of evading U.S. immigration laws.

I-751 Waiver After Divorce: Filing without the Ex

Can i include my children on the same form i-751.

If your dependent children acquired conditional resident status on the same day as you or within 90 days thereafter, simply include their names and information in the same Form I-751 that you are filing for yourself. Be sure to include the additional biometrics fee and supporting documents.

However, if your dependent children acquired conditional resident status more than 90 days after you, use a separate Form I-751 to remove the conditions.

What should I send with Form I-751 to provide proof of a bona fide marriage?

Submit evidence indicating that the marriage for which you were granted conditional status was entered in “good faith” and was not for the purpose of circumventing immigration laws. In other words, you need to prove that it is a real marriage. Submit copies of as many documents as you can to establish this fact and to demonstrate the circumstances of the relationship from the date of marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended. Examples of acceptable documents include but are not limited to:

• Marriage certificate
• Birth certificate(s) of child(ren) born to the marriage
• Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence
• Financial records showing joint ownership of assets and joint responsibility for liabilities, such as: joint savings and checking accounts with transaction history, joint credit card statements, joint Federal and State tax returns, joint insurance policies that show the other spouse as the beneficiary, joint utility bills, title of car showing joint ownership and other joint loans
• Any other documents that you consider relevant to establish that you did not enter your marriage for the purpose of evading U.S. immigration laws
• Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship. Learn How to Write an I-751 Affidavit Letter of Support .
• 10-20 photographs of married couple together. Examples could include wedding photos, traveling, special events with family and friends, etc. (You should also hand write the place, names and dates on the back of photos.)

All of the evidence referenced above is more effective if it starts at the time the marriage began up to the present time. Support your affidavits with other types of evidence listed above.

33 Great Documents for Proving a Bona Fide Marriage on an I-751 Petition

How long does it take to get a permanent green card after filing form i-751.

Approximately 4 to 6 weeks after properly filing Form I-751, USCIS will mail you Form I-797, Notice of Action . This "receipt notice" is your proof that USCIS has accepted the petition and will be processing your case. The receipt notice also extends your resident status for an additional 48 months while USCIS adjudicates your case. Therefore, it is an extremely important document. Use the receipt notice together with the expired green card to prove it validity.

Within the following month, you will receive an appointment notice for a biometrics screening . This is generally a short appointment at a local USCIS office that includes gathering your fingerprints, photograph and signature.

The I-751 processing time varies but is generally 14 to 24 months. It can take longer in some cases. Upon approval, the immigrant spouse will receive an approval notice and then the 10-year green card in the mail. For current processing times for the office near your, check USCIS .

In some cases USCIS may ask you to attend an interview with your spouse. With a well-prepared petition package, USCIS may waive the I-751 interview. Typically, a decision comes shortly after the interview.

Tips for Avoiding the I-751 Interview After Conditional Residence

Can i apply for citizenship while i'm waiting for i-751 approval.

Form I-751 processing times are very long. During this time, you may realize you are also eligible to apply for U.S. citizenship through the naturalization process. You may file Form N-400, Application for Naturalization , even if your I-751 is still pending.

U.S. Citizenship Requirements for 3-Year Permanent Resident

How can i get help filling out form i-751 to remove conditions on green card.

Whether you can apply to remove conditions now or in the future, a few things have sure become more and more important as we’ve seen immigration policies change:

• You want to be sure you are doing the right thing at the right time, and you have access to sound immigration advice.
• Processing times are too long already. Additional delays are unacceptable. You can’t afford to wait any longer.

When you use CitizenPath, you can be sure you will have support in completing your petition every step of the way. And because we’re online, you can prepare your petition from the comfort and safety of your own home. 

Experienced attorneys review our software to ensure accuracy with current immigration policy. The system alerts you of any problems or missing information, and it shows you samples so you can submit the strongest possible case. In addition to your prepared form, CitizenPath provides you with a set of personalized filing instructions that are customized to your specific situation. The filing instructions provide a detailed checklist of supporting documents, directions on how to organize your petition, and where to mail it.

We are so sure that our software is the best possible way to complete your USCIS petition that we have an Approval Guarantee. If USCIS denies your petition, you get your USCIS fees AND our service fee back .

Take the guesswork out of your I-751 petition package and prepare your forms through CitizenPath. Start preparing your I-751 petition today and don’t pay until you’re good to go.

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USCIS Announces 24-Month Extension of Status for I-751 and I-829 Conditional Permanent Residents

Welcome back to Visalawyerblog! We hope our readers had a wonderful Labor Day weekend. We kick off the start of a brand-new week with great news for I-751 Removal of Conditions applicants.

On September 3, 2021, the United States Citizenship and Immigration Services (USCIS) announced that effective September 4, 2021, the agency will now be extending the time that receipt notices can be used to show evidence of lawful status for conditional permanent residents who must file Form I-751 Petition to Remove Conditions on Residence or Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status.

As of September 4, 2021, USCIS will issue receipt notices automatically extending a conditional resident’s period of lawful status from 18 to 24 months, following the proper filing of Form I-751 or I-829 to remove conditions on permanent residence. The additional time period has been given to accommodate the lengthy processing times for both Form I-751 and Form I-829 during the COVID-19 pandemic.

How can I show evidence of my lawful status once I have submitted I-751 or I-829?

Effective September 4, 2021, conditional permanent residents who properly file Form I-751 or Form I-829 will receive a receipt notice (Notice of Action) in the mail that can be presented along with 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 the Green Card, while the removal of conditions application remains pending with USCIS.

What if I filed my I-751 case before September 4, 2021?

For those who properly filed their Form I-751 or Form I-829 before September 4, 2021, USCIS has said that it will issue new receipt notices to eligible conditional permanent residents whose cases remain pending. Applicants may use those receipt notices as evidence of continued status for 24 months past the expiration date on their Green Card.

Can I travel with the 24-month extension?

Yes. Applicants who provide their 24-month receipt notice extension (Notice of Action) received by mail can travel provided they also present the extension notice along with Form I-551, Permanent Resident Card (also known as a Green Card),

However, conditional permanent residents who plan to be outside of the United States for a year or more must apply and receive a reentry permit by filing  Form I-131, Application for Travel Document , before leaving the country.

Where can I find more information about this announcement?

Click here for more information regarding the automatic extension.

Helpful Links

• USCIS Extends Evidence of Status for Conditional Permanent Residents to 24 Months with Pending Form I-751 or Form I-829
• Automatic EAD Extension for Certain Renewal Applicants
• USCIS Processing Times
• E-Verify Information
• Youtube channel 

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• Removing Conditions on Residency General Discussion

Traveling outside US with pending I-751

By tony777 October 12, 2022 in Removing Conditions on Residency General Discussion

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Recommended posts, tony777   3.

We filed my wife's I-751 in September 2021 and she got a 2-year extension of her Green Card until November 2023. Next year we plan to spend five months in Latin America from February to July, so there is a high likelihood that the permanent GC won't arrive until we leave on the trip. We will have someone take care of our mail and have the online case tracker.

My questions:

1. If an interview is scheduled while we are away, how risky is it to ask to reschedule? Can you make a specific request for the new date, e.g. that it's after our planned return date? With 4 months between our return date and extended GC expiration, is that a sufficient window to have the rescheduled interview before the expiration date?

2. If the new card is issued and mailed while we are traveling (without an interview), does the old card still remain valid for re-entry?

Thanks in advance!

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OldUser   4,824

Hi @tony777

1. Very risky. Sometimes reschedule does not work, and USCIS denies the case, assuming you didn't show up. Sometimes, the case gets stuck indefinitely or for many months after rescheduling. So I would strongly advise changing travel plans and rush back to the US to attend the interview if you get called.

2. You should be able to enter with expired green card and valid original extension letter.

Just make sure the GC doesn't get lost or bounced back. It would be an expensive and painful accident.

• da95826 , Chancy and Dashinka

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