September 20, 2018

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I-829 Petition Receipt Notices Valid for 18 Months as Proof of Status

On June 11, 2018, USCIS announced that Petitioners who file 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 conditional Permanent Resident Card. Previously, USCIS only issued receipt notices that would be valid for 12 months past the expiration date on the conditional Permanent Resident Card. USCIS made the change from 12 to 18 months to reflect the current processing times for Form I-829, which have increased over the past year.

In addition, USCIS also will issue new Form I-797 receipt notices to eligible conditional permanent residents whose Form 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.

This is an important change, as the Form I-797 receipt notices evidence a conditional permanent residents’ status in the United States, including proof of ongoing employment eligibility, and also serves as the official document international travel when the conditional green card has expired.

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About this Author

Jennifer Hermansky, Greenberg Traurig Law Firm, Philadelphia, Labor and Employment Immigration Attorney
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Jennifer Hermansky focuses her immigration practice on both employment-based and family-based immigration. Jennifer has experience serving health care, pharmaceutical and real estate industries, as well as entrepreneurs, scientists and researchers in scientific communities. She represents clients in a wide range of employment-based immigrant and non-immigrant visa matters including students, professionals, managers and executives, artists and entertainers, treaty investors, individuals of extraordinary ability, and immigrant investors.

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