Permanent residents with a condition on their status, also known as conditional residents, can get 48 month extensions on their status when they file to get the condition removed, as of January 2023. The USCIS announced this change on January 23, 2023.
This news is applicable to two types of conditional resident:
1/ those who obtained their green card-based on a new marriage to a US citizen or legal permanent resident and became legal permanent residents themselves less than two years from the date of their marriage; and
2/ those who obtained their green card through investment in an EB-5 project.
Those who obtained their conditional residence through marriage must file Form I-751 to remove the condition. Those who obtained their conditional residence through investment must file Form I-829. Processing times for both forms are at 18 months or more in most parts of the United States. For this reason, the receipt notice for both (called a Form I-797) will give the applicant an automatic extension of their status and ability to work, live and enter the US for a full 18 months. Previously, the filing of the Form I-751 or I-829 results in only a 18-month automatic extension.
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