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Extended Green Card Validity for Conditional Permanent Residents with Pending I-829 or I-751
  • dimartinolaw
  • June 13, 2023

Extended Green Card Validity for Conditional Permanent Residents with Pending I-829 or I-751

The United States Citizenship and Immigration Services (USCIS) recently announced a significant change regarding the validity of permanent resident cards, commonly known as “green cards.” This extension applies to conditional permanent residents who have filed Form I-751 or Form I-829, which are petitions to remove conditions from their residence.


Today, we will delve into the details of this policy change, explore how it benefits those awaiting the processing of their petitions, and explain why you should approach an E2 visa lawyer 


Background on the Green Card Extension

On January 23, the USCIS made an important announcement, extending the validity of green cards for 48 months beyond their expiration date. This change was implemented to accommodate the growing processing times for Form I-751 and Form I-829 cases. The extension took effect on January 11 for Form I-829 and January 25 for Form I-751. By extending the validity of these cards, the USCIS aims to provide continued status to individuals during the processing of their petitions.


Implications for Green Card Holders 

The USCIS has updated the language on the receipt notices for Form I-751 and Form I-829 to reflect the extended validity period of Green Cards. Individuals who previously received notices with a shorter extension and still have pending cases will receive new receipt notices. These revised notices, in combination with the expired Green Card, will serve as evidence of continued status while their petitions are being processed. This change offers peace of mind to conditional permanent residents who may have been concerned about the expiration of their Green Cards during the lengthy processing times. You need not handle the Expansion of Green Card Validity for Conditional Permanent Residents with Pending I-829 or I-751 Applications since an E2 visa lawyer can guide you.


Understanding Form I-751 and Form I-829 

After the form is approved, the individual can enjoy the benefits of a permanent green card for the next 10 years. This form is submitted within the 90-day window before the expiration of the conditional green card. Upon approval, the conditions on their residence are removed, and they receive a 10-year Green Card.


Form I-829, on the other hand, is the Petition by Investor to Remove Conditions on Permanent Resident Status, specifically for individuals who obtained conditional permanent resident status through the EB5 Immigrant Investor Visa Program. This program requires an investment of at least $800,000 and the creation of ten jobs. Upon approval of the I-829 petition, the conditions on the investor’s permanent residency are removed, and they receive a regular 10-year Green Card.


Reentry Permit Considerations

Conditional permanent residents who plan to be outside of the United States for a year or more should also take into account the reentry permit requirement. To ensure that their absence does not negatively impact their residency status, individuals should file Form I-131, the Application for Travel Document, before leaving the United States. This permit allows them to reenter the country without abandoning their permanent resident status.



The USCIS’s extension of Green Card validity for conditional permanent residents with pending Form I-751 or Form I-829 petitions is a crucial step to address the growing processing times in these cases. By providing an additional 48 months of validity beyond the card’s expiration date, the USCIS offers reassurance and stability to individuals awaiting the removal of conditions on their residency. If you have any questions or require further information, feel free to contact the team of expert E2 visa lawyers at Di Martino Law Group. Contact us today to book an appointment. 



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