U.S. Citizenship and Immigration Services (USCIS) released updated guidelines on eligibility, submission, and adjudication for Form I-751, Petition to Remove Conditions on Residence. The changes specify what steps noncitizens need to follow in cases when exemptions are granted due to severe abuse or violence. Furthermore, a fresh basis of adjustment can be possible if a noncitizen’s conditional permanent resident status is revoked because Form I-751 was not filed on time. Even if USCIS provides a notice of termination prior to the submission of Form I-485, Application to Register Permanent Residence or Adjust Status, the new basis can still be accessible. The USCIS has released changes about the regulation of conditional permanent residency based on family.
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 our office at front desk for a consultation.
This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).