The Policy Manual of the U.S. Citizenship and Immigration Services is being updated to provide new guidance on family-based conditional permanent residency.
The new directive streamlines and updates the directives relating to the submission, scrutiny, and decision-making process for Form I-751, which is the Petition to Remove Conditions on Residence. The up-to-date directives present detailed directions for non-citizens looking to switch their claims for waivers necessitated by violent or severe maltreatment. Clarification is provided that if a non-citizen fails to file Form I-751 and his or her conditional permanent resident status is revoked, such a person may adjust permanent residence status on a new basis.
This remains true even if USCIS issues the notice of termination of conditional permanent resident status before the noncitizen files Form I-485, which is the Application to Register Permanent Residence or Adjust Status. According to the Immigration Marriage Fraud Amendments of 1986, a noncitizen receives permanent resident status on a conditional basis for a duration of two years if they obtain such status through marriage, and if the marriage began less than two years before obtaining the aforementioned status.
For a conditional permanent resident to remove the imposed conditions on their status, they must complete and submit Form I-751 within 90 days before the expiration of their second anniversary from the date when they first obtained their conditional permanent resident status. The guidance provided in Volume 6 of the Policy Manual will take effect immediately and will apply to all applications submitted on or after December 12, 2023.
This updated policy will replace the guidance found in Chapter 25.1 of the Adjudicator’s Field Manual (AFM), as well as any relevant AFM appendices and policy memoranda. The guidance outlined in the Policy Manual is authoritative and overrides any previous guidance on the subject matter.
