USCIS Changes Extension Process

There is news from the U.S. Citizenship and Immigration Service (USCIS) concerning the processing time for an I-751 to remove the conditions on conditional Legal Permanent Residents.

As of today, petitioners who file an I-751 Petition to Remove Conditions on Residence will receive a receipt notice that can be presented with their Permanent Resident/Green Card, as evidence of continued status for 18 months past the expiration date on their Permanent Resident/Green Card.

USCIS is making the change from 12 to 18 months because current processing times for the I-751 have increased over the past year.

Attorney John Foley said “this makes sense.  USCIS isn’t adjudicating I-751 petitions within the one year extension so this gives them more time.”

An I-751 petition is required in marriage cases where the couple has been married for less than two years when the immigrants status is adjusted.  Foley says “it’s still strange because the immigrant is going to prove his or her legal resident status by showing a soon to be or expired Legal Resident/Green card and an 18-month extension that is in the form of a letter.”

Foley says “even if the I-751 petition is not adjudicated during the extension period, the immigrant is still a Legal Resident and, if necessary, they can obtain an additional passport stamp as evidence of their legal status.”

Foley Law Offices also provides letters to clients traveling internationally during the extension period as well as letters to employers concerned about an employee’s legal status.

If you have questions concerning your I-751 petition or any immigration matter, call Foley Law Offices at (617) 973-6448 for a free telephone consultation with an immigration attorney.

Production Problems at USCIS

Beginning today, the U.S. Citizenship and Immigration Service (“USCIS”) will begin recalling approximately eight thousand five hundred Permanent Resident Cards (also known as Green Cards) due to production error. The Green Cards were for approved Form I-751, Petition to Remove Conditions of Residence for spouses of U.S. citizens. The cards were printed with an incorrect “Resident Since” date and mailed between February and April 2018.

USCIS will send notices to individuals who received the incorrect Green Cards and to their attorneys of record. The affected individuals should return their incorrect Green Card to USCIS in the provided pre-paid envelope within 20 days of receiving the notice. They may also return their cards to USCIS field offices. USCIS will send replacement Green Cards within fifteen (15) days of receiving the incorrect card.

The recall does not affect these Green Card holders’ status as lawful permanent residents. If affected individuals need to travel internationally or prove their lawful permanent residence while they wait for a replacement card. they may contact the USCIS Contact Center at 800-375-5283 to determine if they need additional proof.

Spouses of U.S, citizens map apply for naturalization after three years of permanent residency and must meet other requirements. The incorrect date on these cards could lead applicants to wait longer than necessary to apply to become U.S. citizens.

Foley Law Offices is checking Green Cards received between February and April to see if any of our clients need to take action. If you have any questions about your Green Card, please call us at (617) 973-6448 for a free telephone consultation.