The U.S. Citizenship and Immigration Services (USCIS) has recently implemented updates and clarifications regarding family-based conditional permanent residence in its Policy Manual. These changes provide valuable guidance on eligibility, filing procedures, and adjudication for Form I-751, the Petition to Remove Conditions on Residence.
The revised policy brings clarity to the process for noncitizens seeking to change the basis of filing in cases involving waivers based on battery or extreme cruelty. Additionally, it addresses situations where a noncitizen’s conditional permanent resident status is terminated due to a failure to timely submit Form I-751. Importantly, it highlights that such individuals may still be eligible to adjust their permanent resident status under a different basis. This remains true even if USCIS issues a notice of termination of conditional permanent resident status prior to the submission of Form I-485, the Application to Register Permanent Residence or Adjust Status.
According to the Immigration Marriage Fraud Amendments of 1986, noncitizens are granted permanent resident status on a conditional basis for a two-year period under the following circumstances:
- They acquire permanent resident status through marriage.
- The marriage commenced less than two years before obtaining that status.
To remove the conditions on their permanent resident status, conditional permanent residents typically must file Form I-751 within the 90-day period preceding the two-year anniversary of acquiring conditional permanent resident status.
These USCIS policy updates aim to provide greater clarity and flexibility within the family-based conditional permanent residence process. Stay informed to ensure a smooth and successful journey through the U.S. immigration system. For further details and assistance, please contact our experienced legal team.
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