Green Card through New Spouse if Form I-751 Denied

Effective November 21, 2019, a new policy guidance applies the case law Matter of Stockwell and clarifying when USCIS may adjust the status of an alien whose Conditional Permanent Resident (CPR) status has been terminated due to Form I-751 denied . An immigration judge does not need to affirm the termination of CPR status before the alien can file a new adjustment of status application.

An applicant/immigrant obtains conditional permanent resident status either based on marriage to a U.S. citizen or lawful permanent resident (if the marriage is less than two years at the time the alien adjusts status or is admitted for lawful permanent resident status) or based on an immigrant investor (EB-5) visa.

In the past, when Form I-751 was denied, the applicant/immigrant had to wait for a master hearing date in immigration court for the immigration judge to review the Form I-751 denied and to terminate conditional resident status before the applicant/immigrant could marry another spouse and file for adjustment of status.

However, under the new policy, the applicant/immigrant does not have to go to immigration court to have status terminated.  USCIS may adjust an alien’s status if their Conditional Permanent Resident status has been terminated by a Form I-751 denied and:

The alien has a new basis for adjustment of status;
The alien is otherwise eligible to adjust status; and
USCIS has jurisdiction over the adjustment of status application.
Time spent in the prior CPR status does not count toward the residency requirements for naturalization.

This guidance applies to adjustment of status applications filed with USCIS on or after Nov. 21, 2019

For more information on Form I-751 Denied,

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I-751 Receipt Extends Status 18 months

We have seen longer delays by USCIS in the adjudication of Form I-751, Petitions to Remove Conditions on Residence, with adjudication trends currently longer than 12 months.

As of June 11, 2018, petitioners who file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, will receive a Form I-751 receipt notice that can be presented with their Form I-551, Permanent Resident Card, as evidence of continued status for 18 months past the expiration date on their Permanent Resident Card.

We are making the change from 12 to 18 months because current processing times for Form I-751 and Form I-829 have increased over the past year.

Additionally, we will issue new Form I-797 receipt notices to eligible conditional permanent residents whose Form I-751 or I-829 was still pending as of June 11, 2018. Those Form I-797 receipt notices will also serve as evidence of continued status for 18 months past the expiration date on petitioner’s Permanent Resident Card. (more…)

What Are The I-751 Removing Conditions?

Did you know that your permanent U.S. resident status is considered conditional if it was based on a marriage of less than 2 years at the time residency was granted? U.S. immigration law was set up this way to protect against immigrants who married solely to evade immigration laws. Fortunately, the conditional nature of your resident status can be removed, and permanent status granted, by filing Form I-751: Petition to Remove Conditions on Residence and by meeting certain removing conditions.

I-751 Removing Conditions and How to File For Removal

There are five I-751 removing conditions. One of the five conditions must be met in order to file for removal using Form I-751:

  1. If you are still married to the U.S. citizen spouse after 2 years, you may file for removal, but spouses must file jointly for the removal.

You may file Form I-751 seeking a waiver from the joint filing requirement under the following grounds:

  1. You are a widow/widower.
  2. You are divorced or the marriage was annulled.
  3. You are a child who cannot be included in your parents’ application.
  4. You are the victim of domestic violence and/or extreme hardship by your U.S. spouse.

You can file Form I-751 at any time after the conditional residency has been granted but before the 2 years expiration of your status.

Filing For Removal Is Not An Option, It Is A Requirement

We want to stress the importance of filing Form I-751. Removing the conditions of your conditional residency is required if you wish to obtain a Green Card. If you do not file Form I-751 before your Conditional Green Card expires, your residency can be revoked and you are at risk of being deported.

Our Orlando immigration attorney recommends filing Form I-751 (more…)