If you are navigating the path to family-based conditional permanent residence in the United States, recent updates from the U.S. Citizenship and Immigration Services (USCIS) could impact your journey.

What is Changing?

USCIS is updating guidance on the process to remove conditions on residence through Form I-751, known as the Petition to Remove Conditions on Residence. This update aims to clarify certain steps and scenarios for conditional permanent residents (CPRs) and their eligibility criteria.

Clarity on Eligibility and Steps

• Simplifies the rules for who can apply, how to share your details, and how decisions are made for Form I-751. It covers joint petitions, individual filing requests, and waivers.
• The update explains what CPRs must do if they need to change their filing basis due to waivers based on battery or extreme cruelty.
• It clarifies that if USCIS terminates a CPR's status for not filing Form I-751 on time, they can still apply for permanent residency based on a different criteria.

How This Affects You

This new guidance, effective immediately, influences applications filed on or after December 12, 2023. It replaces previous guidance and controls the process for future applications. The new guidance simplifies and organizes the rules that were spread out across different USCIS resources, making it easier for applicants to find the information they need.

Conclusion

For those seeking family-based conditional permanent residence, understanding these changes is key. If you are considering applying or are in the process of applying for CPR status, reach out to the Donald Gross Law team.