The United States Citizenship and Immigration Services (USCIS) recently issued a crucial policy update regarding family-based conditional permanent residents (CPRs).
Background
Congress enacted the Immigration Marriage Fraud Amendments of 1986 (IMFA) to deter fraudulent marriages used to obtain permanent residence. Under IMFA regulations, individuals who acquire permanent resident status based on a marriage occurring less than 2 years before obtaining such status are granted conditional permanent resident status for 2 years. To remove these conditions and secure permanent resident status, CPRs typically need to file a Petition to Remove Conditions on Residence (Form I-751) within the 90-day period preceding the 2nd anniversary of obtaining CPR status.
Policy Highlights
This USCIS policy update introduces several key highlights:
- Consolidation and Update: The guidance consolidates and updates information related to eligibility, filing procedures, and adjudication of Form I-751, including joint petitions, individual filing requests, and waivers.
- Basis for Filing Change: It provides additional guidance on the steps required to change the basis for filing, especially in cases involving waivers based on battery or extreme cruelty.
- Terminated CPR Status: The update clarifies that individuals whose CPR status was terminated due to a failure to file Form I-751 timely can adjust their status to permanent residence on a new basis. This is applicable regardless of whether USCIS issued a notice of termination of CPR status before the noncitizen filed an Application to Register Permanent Residence or Adjust Status (Form I-485) on a new basis.
When does it take effect?
This policy update, effective immediately, applies prospectively to applications filed on or after December 12, 2023.
Understanding the updated guidelines is crucial for those seeking to remove conditions on their permanent resident status through marriage-based immigration. Stay informed and ensure a smooth transition to permanent residence in the United States.
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Read the Full Announcement Here
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JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
