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USCIS issued policy guidance making it easier for immigrants who came to the U.S. under conditional visas to attain a new visa.

When immigrants get green cards through marriage, they are first conditional, and when enough time is passed they must apply to remove the conditions. However, in many cases this does not happen, either because of divorce or other reasons. In these cases, because the conditions were not removed and because a judge has not officially terminated their conditional status, immigrants were stuck in a limbo and functionally undocumented. USCIS has just issued policy guidance that says that “an immigration judge does not need to affirm the termination of [Conditional Permanent Resident] status” before immigrants can file a new adjustment of status application. Because this applies to all conditional permanent residents, this applies to immigrants in the U.S. under the EB-5 investor visa as well.

USCIS Announces Workload Transfer for Certain Forms I-751

USCIS announced the transfer of certain Forms I-751, Petition to Remove Conditions on Residence, from the Vermont Service Center to the Texas Service Center.

Another Win for our Law Office

Petition to Remove Conditional Residency approved after nearly 3 years despite client’s domestic violence conviction.

Filing an I-751 Divorce Waiver?

The First Circuit held that the BIA did not err in upholding the denial of the petitioner’s I-751 joint petition and I-751 waiver petition and in finding that the petitioner had not satisfied her burden of proving that she had entered into her marriage in good faith. Accordingly, the court found that the petitioner was categorically ineligible for cancellation of removal.

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