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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