INS on Conditional Resident Status
Date: September 16, 1997
To: All Regional Commissioners
All District Directors (including foreign)
All Chief Patrol Agents
All OICs (including foreign)
All Directors, Service Centers
From: Benefits Division
Current Service policy is to adjudicate a properly filed Form I-751, Petition to Remove Conditional Residence Status, within six months of the filing date. However, due to an unprecedent increase in the receipt of N- 400 and I-485 applications, most district offices are falling significantly behind in scheduling interviews for these cases. In an effort to complete the processing involved in the removal of conditions, this memorandum sets forth procedures to be followed to extend employment authorization and travel when a Form I-751 has not been adjudicated within the current established six months processing time frame at the district offices.
To assist the districts in reducing the backlog of unscheduled cases for removal of conditions, the Service is extending the processing time on the I-797 receipts from six months to one year. The additional six-month extension will enable district offices to complete the interview and adjudication of these cases within one year from the time the I-751 is filed.
It will be the responsibility of each district office to complete the interview and the adjudication of the I-751 within the newly established one-year time frame. If the case is not completed within the one-year time frame, each case must be expedited for interview and adjudication within five working days of the date the applicant requests an extension or interview.
The Office of Information Resource Management has been instructed to extend the legend on the I-797 receipt for those applicants who have properly filed an I-751 to remove the conditions of their resident status for one year. Therefore, effective October 1, 1997, all notices printed on or after the effective date will read as follows:
'Your temporary alien registration card is extended for one year. Employment and Travel are authorized." Processing your form will require a minimum of 60 days. If you have not heard from us within 90 days, then you may contact this office.
In order to provide a measure of relief in those cases where the initial six-month extension is due to expire or has already expired, these cases should be treated as if the case has not been completed within the newly established one-year time frame. Effective immediately these cases must be expedited for interview and adjudication within five working days of the date the applicant requests an extension or interview.
Although every effort should be made to schedule interviews and adjudicate these cases, there will be some cases where an alien with an expired card will not be in possession of a fee receipt even though a petition is properly filed in a timely manner. According to 8 CFR 216.4(a)(1), these individuals may still be considered in status. Employers should be advised that the filing of a joint petition, or of a waiver application will extend the alien’s status until such time the petition is adjudicated. If an applicant already has permission to work and continues to work for the same employer, a re-validation of employment is not necessary, even if the temporary I-551 card expires 8 CFR 274a.12(a)(1). However, if a change of an employer has occurred, re- issuance of a work authorization document is needed.
Applicants not in possession of an authorized travel document and need to travel, should apply for a travel document from their local INS office. INS offices should follow the required established procedures for requesting a travel document. If a travel document is issued, a temporary I-551 stamp should be placed in the travel document until the permanent card is issued.
The Office of Field Operations has concurred with this memorandum. Please direct any questions concerning this matter to Ramonia Law-Hill, HQBEN, Residence Status Services Branch at 202/514-5014.
Thank you for your immediate attention to this matter.
Kathy RedmanDeputy Assistant Commissioner