How to extend your Conditional Permanent Resident Status
Green card applicants who are applying based upon a marriage to a U.S. citizen or permanent resident that is less than 2 years old will receive conditional permanent residence for 2 years. While a conditional permanent resident has all of the same rights (and responsibilities) as a permanent resident that is not subject to any conditions, the major difference is that the conditional resident’s status will expire at the end of the 2 year period, unless they file an I-751 petition to remove conditions before the date of expiration.
Whether a conditional permanent resident files a joint petition with their sponsoring spouse or a waiver petition on their own (requesting a waiver of the joint filing requirement), provided that the petition was properly filed, USCIS will normally send a Receipt Notice on Form I-797 (Notice of Action) confirming receipt of the Petition and the filing fee. Like many other Receipt Notices issued by USCIS, the Receipt Notice will also contain a Receipt Number (which is like a case number assigned to the Petition), along with the Receipt Date, and the Notice Date. But most importantly, the Receipt Notice that an I-751 Petitioner receives will also provide an extension of conditional resident status for 18 months from the expiration date on the Petitioner’s green card.
In my early years of practicing Immigration Law (nearly 25 years ago), USCIS (then called the INS) would process I-751 petitions in about 6 months. Back then, I-751 Petitioners were given a one-year extension of their status, and in almost every case, that was more than enough time for USCIS to make a decision on the petition. These days, however, I-751 petitions are routinely taking 18-24 months to process. This means that most I-751 petitioners will find that their 18-month extension will expire before a decision is made on their petition, and thus, that they will need to obtain another extension; otherwise, their conditional residence will expire while the I-751 is pending.
Thankfully, USCIS has come up with a solution for I-751 petitioners who find themselves in this situation by allowing them to schedule an appointment to meet with an officer at a local USCIS office and obtain an extension stamp in their passport. In order to do this, most petitioners can simply call (800) 375-5283 and explain the situation to the Immigration Officer over the phone. After taking down some basic biographic and background information, the USCIS officer should be able to schedule the appointment for you and give you the information you will need to obtain a 1-year stamp extension in your Passport.
Note also, that you will need a valid Passport in order to obtain the stamp extension. You should also bring your green card, a copy of your I-751 Receipt Notice, and if you have one, a State Driver’s license or ID card confirming your current address.
If you have questions about how to obtain an extension of your conditional lawful permanent residence or you need assistance with your I-751 Petition, contact U.S. Immigration Lawyer, Sean D. Hummel to schedule a consultation (954) 385-3111 or sean@hummelaw.com.
