Imagility News

USCIS Provides Clarity and Updates Guidance on Family-Based Conditional Permanent Residence Policy

U.S. Citizenship and Immigration Services (USCIS) is introducing updates to its Policy Manual regarding family-based conditional permanent residence. The revision aims to streamline and modernize guidance related to eligibility, filing procedures, and adjudication for Form I-751, the Petition to Remove Conditions on Residence.

This clarification includes specific details on the steps noncitizens must take when altering the basis of filing in cases involving waivers based on battery or extreme cruelty. Additionally, the update emphasizes that if a noncitizen’s conditional permanent resident status is terminated due to a failure to submit Form I-751, they may still have the opportunity to adjust their permanent resident status based on a new foundation. This remains applicable even if USCIS issues a notice of termination before the noncitizen files Form I-485, the Application to Register Permanent Residence or Adjust Status.

According to the Immigration Marriage Fraud Amendments of 1986, noncitizens acquire permanent resident status on a conditional basis for two years if their permanent residency is based on a marriage initiated less than two years before obtaining that status. To lift the conditions on their permanent resident status, individuals with conditional permanent residency typically need to file Form I-751 within the 90-day period preceding the two-year anniversary of obtaining such status. For a comprehensive overview, refer to the Policy Update.

Source: USCIS