Applying for a green card in the U.S. can take a long time. Recently, U.S. Citizenship and immigration services (USCIS) made a significant change to help applicants while they wait. In 2023, USCIS announced that it would automatically extend green card validity for 36 months for certain applicants who file Form I-751 or I-829 to remove conditions on their permanent residence.
This overview will explain the 36-month green card extension, who it applies to, and how it might affect your immigration journey.
What Is the 36-Month Green Card Extension?
As of January 2025, USCIS has started issuing 36-month extensions for certain green card holders who file for:
Form I-751 – Petition to Remove Conditions on Residence (for conditional residents)
Form I-829 – Petition by Investor to Remove Conditions on Permanent Resident Status (for EB-5 investors)
This is a change from the previous 24-month extension, which gave green card holders an extra year of validity while their applications were being processed. The green card extension provides much-needed flexibility during long wait times.
This new policy helps applicants avoid lapses in status, work authorization, or international travel due to delays in receiving their renewed green cards.
Why Did USCIS Extend the Green Card Validity?
USCIS has faced large backlogs due to increased applications, staffing shortages, and policy changes. Processing times for Forms I-751 and I-829 have grown significantly, sometimes taking more than two years. The 18-month extension wasn’t enough to cover the full wait time, leaving many applicants without valid proof of their status.
By moving to a 36-month extension, USCIS helps ensure that conditional green card holders:
Can maintain their lawful status while waiting
Can continue working and traveling without interruptions
Avoid unnecessary stress or legal confusion
This change reflects important updates in U.S. immigration law aimed at supporting conditional green card applicants.
Who Qualifies for the 36-Month Green Card Extension?
The 36-month extension only applies to individuals who:
Have a conditional green card
Have filed Form I-751 or Form I-829
Submitted the form on time (before their green card expires)
If you meet these requirements, your I-797 receipt notice will now say that your green card is extended for 36 months beyond its original expiration date.
This receipt notice and your expired green card serve as proof of valid legal status under immigration law.
What Is a Conditional Green Card?
A conditional green card is typically issued to:
Individuals who obtained their green card through marriage (valid for 2 years)
Investors in the EB-5 visa program (also valid for 2 years)
Before the 2-year green card expires, conditional residents must file a petition to remove the following conditions:
Married couples file Form I-751
Investors file Form I-829
Once approved, the conditions are removed, and the person receives a 10-year permanent resident card.
Understanding the Application Process
To renew a green card, lawful permanent residents must file Form I-90, Application to Replace Permanent Resident Card.
The application process involves submitting the required documentation and fees to USCIS.
Applicants can use the updated receipt notices as proof of lawful permanent resident status during renewal.
Ensuring accurate and complete information on the Form I-90 application is essential to avoid delays or rejections.
Filing Form I-90 with USCIS extends the validity of the green card to 36 months, providing temporary proof of status.
Managing an Expired Green Card
If a green card expires, lawful permanent residents can request an ADIT stamp at a USCIS field office as temporary proof of status.
The 36-month extension provides additional time for permanent residents to renew their green cards without experiencing disruptions in employment or travel.
It is crucial to update the mailing address with USCIS to receive important notices and avoid delays in the renewal process.
Lawful permanent residents can use the receipt notice and an expired green card as valid proof of status during renewal.
The extended validity of green cards to 36 months helps permanent residents maintain their status and employment authorization.
Benefits of the New Policy
The new policy significantly benefits lawful permanent residents by extending the validity of green cards to 36 months.
This extension helps minimize disruptions in employment, travel, and access to services for permanent residents.
The updated receipt notices serve as temporary proof of lawful permanent resident status, ensuring continued status during the renewal process.
The policy update addresses the issues caused by longer processing times for green card renewals and provides a more efficient solution for permanent residents.
Lawful permanent residents can now enjoy a longer period of valid green card status, reducing the need for frequent renewals.
Final Thoughts: How Abbasi Immigration Law Can Help
The new 36-month green card extension relieves thousands of immigrants stuck in long processing delays. It helps protect your ability to live, work, and travel while your I-751 or I-829 is under review.
However, it’s still critical to file on time, keep documentation organized, and seek legal help if you have complex issues like divorce, arrest history, or missing documents.
At the Abbasi Immigration Law Firm, we help clients through every stage of the green card process—from conditional green card status to permanent residency. If you have questions about your green card extension or want help preparing your petition, contact us today for expert, personalized guidance for your situation.
