I-751 and I-829 Update

USCIS recently issued a couple of announcements concerning I-751s, petitions to remove conditions on residence. I-751s have recently become extremely backlogged. They now require an interview and take anywhere from 1-3 years to be adjudicated, with most now being adjudicated 13-20 months after filing. Previously, conditional green card holders were only allowed to present their expired green card and I-751 receipt notice as evidence of continued residence for one year after the card’s expiration. After that, if a conditional resident needed to travel internationally while their I-751 was pending after the one year mark, they needed an ADIT stamp. Under USCIS’s new guidance, the I-751 receipt notice will service as evidence of continued residence for 18 months. If you had an I-751 pending on June 11, 2018, you will receive a new receipt notice.

Please note that this guidance also applies to entrepreneurs removing conditions on residence via form I-829, which are also extremely backlogged. Processing times for I-829s are currently 29-37.5 months. After 18 months, entrepreneurs should get an ADIT stamp before traveling.

Additionally, the California Service Center (CSC) has experienced significant delays in mailing out I-751 receipt notices. USCIS expects all I-751s filed at the CSC in May to have a receipt notice by the end of June.

If you have any questions about these changes, please so not hesitate to contact us at info@watsonimmigrationlaw.com

Copied from USCIS:

Update to Form I-797 Receipt Notices for Form I-751 and Form I-829

As of June 11, 2018, petitioners who file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, will receive a Form I-797 receipt notice that can be presented with their Form I-551, Permanent Resident Card, as evidence of continued status for 18 months past the expiration date on their Permanent Resident Card.

We are making the change from 12 to 18 months because current processing times for Form I-751 and Form I-829 have increased over the past year.

Additionally, we will issue new Form I-797 receipt notices to eligible conditional permanent residents whose Form I-751 or I-829 was still pending as of June 11, 2018. Those Form I-797 receipt notices will also serve as evidence of continued status for 18 months past the expiration date on petitioner’s Permanent Resident Card.

As a reminder, conditional permanent residents who plan to be outside of the United States for a year or more should apply for a reentry permit by filing Form I-131, Application for Travel Document, before leaving the country. Read more information on our Green Card webpage.

Form I-751 Data Entry Delay at California Service Center

USCIS’ California Service Center (CSC) is experiencing a delay in initial data entry for Form I-751, Petition to Remove Conditions on Residence. Since initial data entry has to be completed before a receipt notice can be issued, some petitioners and their dependents may experience a delay in receiving a receipt notice for a Form I-751 submitted to the CSC.

If you submitted a Form I-751 to the CSC in May 2018 and you have not received a receipt notice, do not file a duplicate Form I-751 unless you have received a rejection notice or have been instructed to do so by the CSC.

The CSC is working to complete data entry of these petitions by the end of June 2018, and will issue another web alert once initial data entry has returned to normal. Petitioners will receive a receipt notice once their data is entered into USCIS systems.

If your 2-year green card has expired, you should call the USCIS Contact Center at 1-800-375-5283 (TTY for people with hearing or speech disabilities: 1-800-767-1833). The USCIS Contact Center will setup an appointment for you and any eligible dependents at your local field office. If possible, bring evidence that you sent your Form I-751 via USPS or courier service, such as FedEx.