USCIS Issues Updated Guidance and Clarifications on Family-Based Conditional Permanent Residence

U.S. Citizenship and Immigration Services (USCIS) has recently revised its guidance on family-based conditional permanent residence as outlined in the Policy Manual. This update serves to consolidate and enhance guidance related to eligibility, filing procedures, and adjudication for Form I-751, Petition to Remove Conditions on Residence.

The key points of the update include:

  1. Basis of Filing Clarification: The guidance provides clarity on the steps noncitizens must take to alter the basis of filing in cases involving waivers based on battery or extreme cruelty.
  2. Status Termination and Adjustment Eligibility: It clarifies that if a noncitizen's conditional permanent resident status is terminated due to a failure to timely file Form I-751, they may still be eligible to adjust permanent resident status based on a new basis. This holds true even if USCIS issues a notice of termination of conditional permanent resident status before the noncitizen files Form I-485, Application to Register Permanent Residence or Adjust Status.

As per the Immigration Marriage Fraud Amendments of 1986, noncitizens acquire permanent resident status on a conditional basis for two years if the marriage on which their permanent resident status is based began less than two years before obtaining such status. To remove conditions on permanent resident status, individuals generally must submit Form I-751 within the 90-day period before the two-year anniversary of obtaining conditional permanent resident status.

For more detailed information, refer to the Policy Update.

This update aims to provide comprehensive guidance and ensure a clear understanding of the processes related to family-based conditional permanent residence.

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