On January 23, 2023, USCIS announced an extension of the validity of permanent resident cards (“green cards”) to accommodate current processing times for forms I-829 and I-751. As a result, new receipt notices will be issued to petitioners who properly filed either form extending their green card’s validity for 48 months beyond the card’s expiration date.
The extension for Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status started on January 11, 2023. For EB-5 investors who file the I-829 petition to remove conditions on their green cards, the I-829 receipt notice will automatically extend their conditional green card status for up to 48 months while waiting on the adjudication of the I-829 petition to complete the EB-5 immigration process.
As of January 25, 2023, the extension will also apply to petitioners who filed Form I-751, Petition to Remove Conditions on Residence.
This announcement follows a Policy Alert issued by USCIS on December 9, 2022, that indicated the agency is updating its Policy Manual to automatically extend the validity of an expiring green card for Lawful Permanent Resident applicants filing their Applications for Naturalization on or after December 12, 2022.
For more information about the extension of forms I-751 and I-829, visit “USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751 or Form I-829” on the USCIS website.
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The opinions expressed are those of the author and do not necessarily reflect the views of the firm, its clients, or any of its or their respective affiliates. This article is for informational purposes only and does not constitute legal advice. For additional assistance related to EB-5 visa applications and regional center designation, please contact an attorney in Jackson Walker’s Business Immigration & Compliance practice.
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