On December 12, 2023, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance on eligibility, filing, and adjudication for Form I-751, Petition to Remove Conditions on Residence, including joint petitions, individual filing requests, and waivers. The update clarifies what noncitizens must do to change the basis of filing in cases of waivers based on battery or extreme cruelty. It also clarifies that if a noncitizen's conditional permanent resident status is terminated for failing to timely file the Form I-751, they may be eligible to adjust permanent resident status on a new basis, even if USCIS issues a notice of termination of conditional permanent resident status before the noncitizen files the Form I-485, Application to Register Permanent Residence or Adjust Status. The guidance is effective as of 12/12/23 and comments are due by 1/12/24.

Under the Immigration Marriage Fraud Amendments of 1986, a noncitizen obtains permanent resident status on a conditional basis for two years if:

· They obtain permanent resident status based on marriage; and

· That marriage began less than two years before they obtain that status.

To remove the conditions on their permanent resident status, conditional permanent residents generally must file Form I-751 within the 90-day period before the two-year anniversary of when they obtained conditional permanent resident status.

We regularly update our blog section to acquaint the community with the latest changes in Immigration policies. Please note the information in this blog is for informational purposes only and is not intended to be nor should it be construed as legal advice. We can promptly and efficiently represent clients located anywhere in the US or abroad on US Immigration Policies. If you seek further clarification, don't hesitate to contact SanSha Law Office at [email protected] or call us at 469-777-6161.