Form I-797 Process Delayed but Eventually Comes with Good News

The United States Citizenship and Immigration Services (USCIS) recently announced a process delay of all applications pertaining to Form I-751, Petition to Remove Conditions on Residence. With the spotlight on immigration to the US, the USCIS is inundated with applications for green cards and citizenship. This is particularly true for its California Service Center where the initial data entry for these forms is backlogged. This expected to clear up by end of June, 2018.

What should the Applicants of I-751, Petition to Remove Conditions on Residence Expect?

  • Some delay in getting a receipt notice (Form I-797) should be anticipated.
    Applicants are notified not to file for a duplicate Form I-751 for want of a receipt notice.
  • Supposing the two-year green card has expired, applicants can call their local service center or field office to set up an appointment for the applicant.
  • The applicant should explicitly state all dependents affected by this delay and include them in this appointment.
  • Always carry all paperwork pertaining to the Form I-751 for the appointment.
  • Preferably, carry documentation substantiating the submission of I-751. This could be a Fedex or USPS receipt.
  • Once the initial data entry is completed, you will receive the receipt notice, Form I-797.
  • This should be co-presented along with Form I-551, Permanent Resident Card as evidence of continued legal status.
  • As an additional bonus to this situation, USCIS has announced an 18-month extension of continued residential status for Permanent Resident Card holders past their expiration.
  • This comes as good news for applicants and their dependents living in the US on the verge of their green cards expiring. The original extension was for 12 months only.
  • This is true for all service centers across the country and not just California Service center.
  • Lastly, I-797 receipt notices will be issued to all eligible conditional permanent residents who had pending petition to remove conditions on residence as of June 11, 2018. These receipt notices will also act as proof of the 18-month extension past expiration of the green card.

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