USCIS issues guidance on 2-year conditional Green Cards

On November 21, US Citizenship and Immigration Services (USCIS) issued a policy guidance on 2-year conditional Green Cards.

A component of the Department of Homeland Security, USCIS is the federal agency overseeing lawful immigration to the US.

The policy guidance was issued as an explanation as to how and when USCIS might adjust the status of an alien whose CPR status had terminated.

Generally, immigrants with CPR are ineligible for adjustment of their status on a new basis. Nevertheless, USCIS might adjust their status if the CPR status has been terminated and there is a new basis for status adjustment (for example, a divorce in CPR based on marriage). The immigrant must be otherwise eligible for status adjustment and USCIS must have the required jurisdiction as well.

As per the policy guidance, there is no longer any requirement for an immigration judge to affirm the termination of CPR status before a new adjustment of status application can be filed.

Prior to November 21, a conditional permanent resident that had not been able to get conditions removed for any reason, could not file a new application until the time that an immigration judge ruled on the termination of CPR status.

Moreover, the policy guidance also clarifies that the time spent in the previous CPR status would not be counted towards the residency requirements for the purpose of naturalization.

The guidance will be applicable to all adjustment of status applications that are filed either on or after November 21, 2019.

What is CPR?	A permanent resident is regarded as a Conditional Permanent Resident (CPR) if the PR status is based on – marriage or investment.   When the PR status is based on marriage/investment, a 2-year PR card is issued. Conditions will have to be removed or the immigrant stands to lose PR status.
CPR based on marriage	Both spouses to jointly file Form I-751 to remove conditions.
CPR based on investment	Form I-829 is to be filed for removing conditions.
Can the 2-year Green Card be renewed?	No. Conditions have to be removed by filing the appropriate form or the immigrant stands to lose PR status.

 

Generally, a CPR status is granted to immigrants that get PR status in US based on –

• Investment
• Marriage

If an immigrant gains permanent residence in US based on an investment under the Immigrant Investor visa (EB-5), a conditional resident status is given – for a period of 2 years – on the day of the immigrant’s lawful admittance into the US.

To remove the conditions attached with the permanent residence status granted, the entrepreneur must file Form I-829, Petition by Entrepreneur to Remove Conditions. Form I-829 has to be filed within 90 days before the immigrant completes 2 years in the US as a conditional resident.

Similarly, those immigrants whose permanent residence status in US is based on a marriage with a US citizen or permanent resident are also said to have a ‘conditional’ resident status. The marriage in cases like these should be less than 2 years old on the day that permanent residence status is given.

CPR status is given on the day that the spouse is granted lawful admittance into the US, either after adjustment of the existing status to permanent residence or on an immigrant visa.

The permanent resident status is deemed to be ‘conditional’ as it must be proved to the authorities that the marriage was genuine and not merely a way out of the immigration laws of the US.

For removal of the conditions, both the spouses have to jointly file Form I-751, Petition to Remove Conditions on Residence. Form I-751 has to be filed within the 90 days’ period prior to completion of 2 years in the US as a conditional resident.

If you are looking to Study, Work, Visit, Invest or Migrate Overseas, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

If you found this blog engaging, you may also like…

New rules for the US EB5 Visa are now effective