Federal Agencies, Agency Memos & Announcements

ICYMI: USCIS Issues Guidance on Family-Based Conditional Permanent Residence

12/12/23 AILA Doc. No. 23121303. Adjustment of Status, Family Immigration, Family-Based Immigrants, Waivers

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.

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Cite as AILA Doc. No. 23121303.

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