U.S. Citizenship and Immigration Services (USCIS) has recently updated its guidance on family-based conditional permanent residence. The update consolidates and updates guidance on eligibility, filing, and adjudication for Form I-751, Petition to Remove Conditions on Residence.
Key Points of the Update
- Consolidation: The USCIS update consolidates and refines guidance on Form I-751, offering a more cohesive resource for individuals navigating the petition process. This consolidation is particularly valuable for noncitizens seeking to understand the requirements and procedures associated with removing conditions on their permanent residence.
- Clarity on Waivers Based on Battery or Extreme Cruelty: The USCIS update brings clarity to cases involving waivers based on battery or extreme cruelty. It outlines the specific actions noncitizens must take to change the basis of filing in such cases.
- Adjustment of Status After Termination: The USCIS update highlights that if a noncitizen’s conditional permanent resident status is terminated due to a failure to timely file Form I-751, there may still be an opportunity to adjust permanent resident status on a new basis. This holds true even if USCIS issues a notice of termination before the noncitizen files Form I-485, Application to Register Permanent Residence or Adjust Status.
Understanding Conditional Permanent Residence
Under the Immigration Marriage Fraud Amendments of 1986, a noncitizen obtains permanent resident status on a conditional basis for two years if:
- They obtained such status based on marriage; and
- The marriage began less than two years before acquiring the status.
To remove the conditions on their permanent resident status, conditional permanent residents generally must file Form I-751 within the 90-day period before the two-year anniversary of when they obtained conditional permanent resident status.
The USCIS’s recent update to the Policy Manual represents a positive step toward a more transparent and accessible immigration process. The USCIS’s ongoing efforts to refine and clarify its policies contribute to a more inclusive and responsive immigration system, fostering a sense of confidence and security for those navigating the path to permanent residency in the United States.
If you have any questions about the USCIS update, contact our office today to set up a consultation with one of our attorneys!
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