USCIS makes changes to the green card for marriage to obtain residency in the United States

In the United States, the USCIS – Citizenship and Immigration Services – this week announced “changes for immigrants who obtain a green card through marriage.”

They recall in El Nuevo Herald that “the status of these green card holders is conditional for the first two years. Then, in order to obtain permanent residency, they must prove that their marriage is authentic.”

This process “is known as the petition to vacate the conditions of residency.”

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Update on the green card for marriage

The new update from USCIS, which the same service explained through a statement, consolidates the guidelines on eligibility, presentation and assessment of the form – the I-751, petition to remove the conditions for residence – to remove the conditions for permanent residence .

The update clarifies what non-citizens must do to change the basis of filing in cases of exemptions based on extreme abuse or cruelty.

In addition to the normal adjustment process, El Tiempo noted, in extraordinary cases of “aggression or extreme cruelty,” a special presentation may be made so that the applicant can obtain a permanent green card and leave that abusive relationship.

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It also clarifies to the United States Citizenship and Immigration Services that if a non-citizen’s conditional permanent residence status is canceled because he or she failed to timely file Form I-751, he or she may be eligible to apply for permanent residence status to fit on a new basis.

This – explains the US agency – is true even if USCIS issues a notice of cancellation of conditional permanent residence status before the non-citizen files Form I-485, Application for Registration of Permanent Residence or Adjustment of Status.

USCIS noted that under the Immigration Marriage Fraud Amendments of 1986, a non-citizen is conditionally granted permanent resident status for two years if:

To remove the conditions on their permanent resident status, conditional permanent residents generally must file Form I-751 within the 90-day period before two years after obtaining conditional permanent resident status.

With information from El Nuevo Herald, USCIS and El Tiempo

(JO)