Memorandum: Extension of Status for Conditional Residents with Pending Forms I-751, Petition to Remove Conditions on Residence   [open pdf - 83KB]

"The Immigration Marriage Fraud Amendments of 1986 (IMFA), Pub. L. 99-639 (November 10, 1986), were enacted to combat fraud perpetrated by aliens who marry only to obtain immigration benefits. The IMFA amended the Immigration and Nationality Act by adding a new section 216, which imposes an initial 2-year period of conditional residency on a person who acquired permanent resident status based on a recent marriage. Section 216 also provides a comprehensive procedure by which a conditional resident may have these conditions removed by filing a Form I-751, Petition to Remove Conditions on Residence. Currently, a conditional resident who files a Form I-751 receives a Form I-797, Notice of Action, extending his or her status as a conditional resident for a 1-year period. This Form I-797 also advises the conditional resident that travel and employment are authorized for that 1-year period. Thus, conditional residents with expired Forms I-551, Permanent Resident Cards, may present their expired Form I-551 and their Form I-797 as evidence of their status in the United States. There is no guidance concerning what documentation may be given to a conditional resident who has received this 1-year extension, but whose Form I-751 has not yet been adjudicated. This memorandum provides that guidance."

Report Number:
HQADN 70/23.12
Public Domain
Retrieved From:
U.S. Citizenship and Immigration Services: http://www.uscis.gov/
Media Type:
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