Updates to guidance on eligibility, filing, and adjudication for Form I-751, Petition to Remove Conditions on Residence, were announced by U.S. Citizenship and Immigration Services (USCIS). The updates outline the process noncitizens must take when waivers are based on extreme cruelty or battery. Further, if a noncitizen’s conditional permanent resident status is terminated due to not timely filing Form I-751, a new basis of adjustment may be available. The new basis may still be available even if USCIS issues a notice of termination before the filing of Form I-485, Application to Register Permanent Residence or Adjust Status. These updates provided by USCIS address the family-based conditional permanent residence policy.
Per the Immigration Marriage Fraud Amendments of 1986, permanent resident status on a conditional basis is granted to a noncitizen if:
The individual gains a marriage-based permanent resident status, and
The marriage was within two years prior to the status being granted.
Individuals must file Form I-751 within a 90-day window before the two-year anniversary of receiving the conditional permanent resident status to remove the conditions on their status.
If you have questions about family-based conditional permanent residence status or any other U.S. immigration-related issue, contact us at ILBSG. We support clients in their company and family-based immigration needs to ensure they get the right advice for their particular situations.
