USCIS Policy Alert: Family-Based Conditional Permanent Residents (Dec. 12, 2023)

USCIS, Dec. 12, 2023

"Congress enacted the Immigration Marriage Fraud Amendments of 1986 (IMFA) to discourage the use of fraudulent marriages to obtain permanent residence.2 In accordance with IMFA, a noncitizen who obtains permanent resident status based on a marriage that began less than 2 years before obtaining that status receives such permanent resident status on a conditional basis for 2 years.3 To remove the conditions on permanent resident status, CPRs generally must file a Petition to Remove Conditions on Residence (Form I-751) within the 90-day period preceding the 2-year anniversary of obtaining CPR status.4 This guidance, contained in Volume 6 of the Policy Manual, is effective immediately and applies prospectively to applications filed on or after December 12, 2023. On that date, this policy update will supersede the guidance found in Chapter 25.1 of the Adjudicator’s Field Manual (AFM), related AFM appendices, and related policy memoranda. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic."