USCIS extends validity of expired green card during process to obtain permanent residence.

Some immigrants who apply for Permanent Residence first receive a conditional “green card” whose removal of limitations must be requested two years later, as is the case of foreigners who marry Americans.

However, during the period of the process of "removal of conditions", these people could have problems, because their "green card" is expired, so USCIS issues a letter of acceptance of the process - if it is the case - confirming that the An immigrant maintains his legal status in the United States , even with his expired card .

As of September 4, 2021, this notification issued by the agency will have a longer period of validity, since it went from 18 months to 24 months .

"USCIS has extended the time that notifications of receipt (processing) can be used as evidence of status from 18 months to 24 months for petitioners who properly file Form I-751, Petition to Eliminate Conditions of Residence," it states. the agency.

The process also applies to Form I-829 or Investor Petition to Remove Conditions on Permanent Resident Status.

The agency recognizes a delay in the immigration processes , so its new policy responds to these problems.

"We have made the change from 18 to 24 months to accommodate current (immigration) processing times ... which have increased over the last year," he says.

How does it work

Immigrants who must request the removal of the conditions must send their form three months before the expiration of their first green card.

If the process is correct, that is, the form was filled out correctly and the corresponding evidence was submitted , USCIS will issue a letter notifying the acceptance of the case.

“Conditional permanent residents… will receive a receipt notification that they can submit with their Form I-551 or Permanent Resident Card (also known as a Green Card or Green Card), as evidence of the extension of their status for up to 24 months after the expiration date ”, recalls the agency.

Those who sent their requests before September 4 of this year will receive an additional notification with the new extension to 24 months, not the 18 originally marked.

In June 2018, amid the increasing delay in immigration processes, USCIS had already extended the validity period of legal stay in the country from 12 to 18 months , for immigrants with conditions on their residence.

Can travel?

Because immigrants at this level of the process are still legal residents in the United States, they would have the right to travel outside the country, but lawyers consulted by this newspaper suggest avoiding it as much as possible .

However, those conditional permanent residents who plan to be outside the United States for a year or more must apply for an additional reentry permit, which is done with Form I-131 or Application for Travel Document.

Before traveling, better consult with your lawyer about the relevance of leaving without a definitive "green card".