On December 12 of this year, the United States Citizenship and Immigration Services (USCIS) announced changes in the policy for residents who received a green card through marriage to a citizen or permanent resident of the United States.
Starting December 12, all applications submitted will be subject to the new guidelines, which establish that non-residents who obtain permanent residency based on a marriage of less than two years will receive a conditional status that also has a term of two years. These changes are a response to marriage fraud in immigration.
If the person intends to remove these conditions, he or she must file a Form I-175 or Petition to Remove Conditions on Residence, within ninety days prior to the second anniversary of having obtained conditional permanent residence. The rule states that in order to remove these conditions on residence, couples must attend a thorough interview with a USCIS officer.
The most significant changes announced by USCIS include:
-Clarification of the process for changing the filing basis in cases of assault or extreme cruelty exemptions.
-The provision that a noncitizen whose conditional permanent resident status has been terminated for failure to timely file Form I-751 may be eligible to adjust status on a new basis, even if USCIS has already issued a notice of termination of status.
-The consolidation of procedures for joint petitions, individual applications and exemptions.
