USCIS Updates Policy on Family-Based Conditional Permanent Residence

Under the Immigration Marriage Fraud Amendments of 1986, noncitizens obtain conditional permanent resident status for two years if their permanent resident status is based on a marriage that began less than two years prior. To remove the conditions, they must file Form I-751 within the 90-day period before the two-year anniversary of obtaining conditional permanent resident status.

However, USCIS has updated its Policy Manual on Dec 12, 2023 regarding said family-based conditional permanent residency. The update clarifies filing requirements for Form I-751 and eligibility criteria for changing the basis of filing in cases involving waivers based on battery or extreme cruelty. It also states that noncitizens whose conditional permanent resident status is terminated for failing to file Form I-751 may still be eligible to adjust their status based on a new basis.

For individuals navigating the family-based conditional permanent residence process, it is crucial to stay informed about these policy updates. Contact our offices for a consultation with our experienced immigration attorneys to receive personalized guidance and support.