Married less than two years at the time your LPR status based on marriage was approved? That’s why your card expires in two years. USCIS is looking to see if the marriage is real and not a fraud. You must file Form I-751 to remove the condition during the 90 day period prior to second anniversary of your conditional LPR status. USCIS then issues a receipt notice automatically extending employment and travel authorization for a year, or maybe 18 months.
That’s where the problem lies. The automatic extension was not enough. USCIS can take months and months, sometimes years, to approve the removal of the condition and issue a 10-year LPR card. Conditional LPRs would lose their driver’s licenses; some lost their business and jobs and health benefits because they couldn’t show extended lawful status.
USCIS has announced a remedy for the problem: It will begin issuing I-751 receipt notices with an automatic extension of two years past the expiration of the LPR card. If your I-751 petition is pending as of September 5th, be on the lookout for a new extended receipt notice.
While this is great news, don’t let it mislead you into thinking that removal of conditions is a simple process. Be sure to consult with one of our attorneys to determine the best approach for you. Even if the marriage didn’t last two years, there is still hope to retain permanent residence.
And additional good news: The extended receipt notice policy applies to entrepreneurs with conditional status too. If you have filed or will file form I-829, you will receive the two year automatic extension as well.
This new USCIS policy is a source of great relief for foreign nationals, family members, employers, and investors. And their attorneys, too!