Removal of Conditions

In certain circumstances, an alien who obtains permanent resident status will have conditions placed on his or her status for a two-year period. These circumstances are (1) if the alien obtains permanent residency as a result of a marriage to a U.S. citizen or a marriage to a lawful permanent resident; or (2) if the alien obtains permanent residency as the result of an approved EB5 petition as an immigrant entrepreneur. A derivative who obtained status from their relationship to the principle conditional resident will also have conditions on his or her permanent resident status. Within 90 days of the expiration of two years from the date the alien obtains conditional permanent residency, he or she must file a petition for the removal of conditions on permanent residence.

Removal of Conditions

A conditional permanent resident whose conditional status was the result of obtaining status through marriage must file an I-751 for the removal of conditions. In order for the I-751 petition to be approved, the alien must demonstrate that he or she entered into the marriage in good faith. The applicant must also submit to a removal of conditions interview. Normally, the applicant’s U.S. citizen or LPR spouse must attend the interview as well. However, the applicant may obtain a waiver from the joint-interview requirement in the event of the death of the spouse, divorce or annulment of the marriage, or if he or she or his or her child was battered by the U.S. citizen or LPR spouse (the applicant must still demonstrate that the marriage was entered into in good faith). Derivative child(ren) may be included on the same petition if their conditional residency was obtained within 90 days of the principle (otherwise a separate petition will be required).

A conditional permanent resident who obtained conditional permanent residency as the result of gaining status as an EB5 investor must file a Form I-829 for the removal of conditions from his or her status. The EB5 conditional permanent resident investor will be required to demonstrate that he or she invested in the commercial enterprise for which he or she obtained status to invest into and that he or she is meeting certain job creation or job preservation benchmarks.

A conditional permanent resident must apply to have the conditions removed on his or her status in order to remain in the United States as a permanent resident. If the application for the removal of conditions is not filed or denied, the conditional permanent resident will lose status. At The Law Offices of Grinberg & Segal, PLLC, we are thoroughly experienced in helping conditional permanent residents remove the conditions on permanent residency in both family-based and investment cases and in situations where a marriage may no longer be viable.

Obtaining I-551 Stamp As Proof of Conditional LPR Status With Long-Pending Form I-751

The Form I-751, Petition to Remove Conditions of Residence, has been subject to processing delays. Although an individual does not lose conditional permanent resident status due to processing delays, he or she may need to obtain proof of conditional permanent resident status if more than one year elapses from the expiration of his or her conditional permanent resident card. In this article, we will examine the process for obtaining an I-551 stamp in this situation.

New Receipt Notices for Form I-751 and Form I-829 Petitioners

On June 11, 2018, the United States Citizenship and Immigration Services (USCIS) released an important update titled “Update to Form I-797 Receipt Notices for Form I-751 and Form I-829.” On June 11, 2018, such petitioners “will receive a Form I-797 receipt notice that can be presented with their Form I-551, Permanent Resident Card [(“Green Card”)], as evidence of continued status for 18 months past the expiration date on their Permanent Resident Card.” Under prior policy, the Form I-797 was evidence of status 12 months past the expiration date of a Permanent Resident Card for those seeking the removal of conditions. The USCIS stated that it is changing the policy from 12 months to 18 months due to increased processing times for the Form I-751 and Form I-829.

Form I-829 Is Now Filed With USCIS Lockbox Facility

On August 13, 2018, the United States Citizenship and Immigration Services (USCIS) announced that it has changed the filing location for the Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status. A petitioner (and derivatives) who obtain immigrant visas through the employment-based fifth preference (immigrant investor) category become conditional permanent residents. The purpose of Form I-829 is to petition for the removal of conditions on their permanent residency.

Form I-751 Must Now Be Sent to USCIS Lockbox Facility

On September 10, 2018, the United States Citizenship and Immigration Services (USCIS) announced that it had changed the filing location for the Form I-751, Petition to Remove Conditions on Permanent Residence. The Form I-751 was previously filed at the California Service Center and the Vermont Service Center. Under the new rules, petitioners will be required to send the Form I-751 to a USCIS Lockbox facility. The Form I-751 will now be adjudicated either by the California Service Center, Nebraska Service Center, Vermont Service Center, or Texas Service Center.

USCIS Publishes New Policy on Interview Waivers for Form I-751 (Marriage-Based Removal of Conditions)

On November 30, 2018, the United States Citizenship and Immigration Services (USCIS) published Policy Memorandum (PM)-602-0168, “Revised Interview Waiver Guidance for Form I-751, Petition to Remove Conditions on Residence.” PM-602-0168 provides a small clarification to the guidelines for granting waivers of the interview requirement for an applicant seeking to remove conditions on his or her permanent residency obtained through marriage to a U.S. citizen or lawful permanent resident. In this article, we will briefly examine the new PM.

Which Alien Spouses are Subject to Conditional Permanent Residency?

In this article, we examine which alien spouses are subject to the conditional permanent residency provisions of INA 216, and explain why spouses who are following to join a principal beneficiary are generally not subject.

Resources on Adjustment for Former Conditional Permanent Residents

In this article, we refer you to our site's resources on adjustment of status for aliens who were admitted as conditional permanent residents but had their conditional permanent resident status terminated.

Extended validity of Green Cards for Removal of Conditions applicants

The USCIS began extending the validity of conditional permanent resident green cards for 48 months beyond expiration for those with pending petitions to remove conditions on permanent residence.

Fixing Misclassification as a Conditional Permanent Resident

Relying on USCIS Policy Manual guidance, we explain different scenarios for remedying situations wherein an immigrant spouse is misclassified as a conditional permanent resident.