11/10/2004
Form
I-751 is filed by a
conditional resident to remove the conditional status. Since the conditional
resident card is valid only for two years and I-751 is required to be filed
three months prior to the second anniversary of obtaining the conditional
resident status, such conditional resident almost always faces the issue of
employment authorization after expiration of the conditional resident
card.
In
order to relieve the conditional resident from such predicament pending I-751,
USCIS has been issuing a Notice of Action (I-797) with the notation that the
applicant is authorized to travel and work "for one year."
Question
remains "what happens if one year passes and I-751 has yet to be
adjudicated by the USCIS?" The conditional resident status remains valid
pending adjudication of I-797, no matter how long it takes. The field offices
will issue such status proof by placing a temporary I-551 permanent resident
stamp in the passport valid for one year increment or by issuing a I-94 with a
temporary resident notation valid for one year. These should be taken care of in
the local district offices.
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