Immigrants on certain types of visas may obtain lawful permanent status on a conditional basis, which can be terminated if they fail to meet the requirements for continued eligibility. Previously, immigration law made it impossible for aliens with conditional permanent residency (CPR) to adjust their status, but new USCIS guidance creates a pathway for those whose authorization has been terminated.
New Guidelines on Adjusting Status for Aliens Whose CPR Has Been Terminated
Who Receives Conditional Permanent Residency?
Aliens who receive their residency status based on marriage to a U.S. citizen or permanent resident may be granted conditional status if the union is less than two years old. EB-5 investor visa holders must also satisfy certain requirements before being granted unconditional permanent residency status.
Why Conditional Permanent Residency Can Be Terminated
Immigration law allows USCIS to terminate an immigrant’s CPR for a variety of reasons, including failure to file income tax returns, not petitioning to remove the conditions on time, or not fulfilling the terms of their visa. For instance, if an alien with marriage-based CPR status files for divorce, their residency status will likely be terminated.
Filing for Adjustment of Status
Typically, immigrants with CPR status can’t apply for permanent residency until their conditional period is over. However, immigration law officials recently affirmed an alien’s right to apply for an adjustment of status after termination, provided certain conditions are met.
First, the applicant must have a new basis for the adjustment of status, such as employment in a preferred field or marriage. The immigrant must also be eligible for a change in status, and USCIS will need jurisdiction over the application. With these guidelines in place, some immigrants may be able to continue living and working in the U.S. even if their CPR status has been terminated.
Whether your residency status has been revoked or you’re applying for a non-immigrant visa, a knowledgeable attorney is a valuable asset. For over 15 years, the lawyers at Berd & Klauss, PLLC in NYC have been helping clients from across the world achieve their dreams of living and working in the U.S. Visit their website for more on their immigration law services, follow their Twitter for regular news and updates, or call (212) 461-7152 to schedule a consultation today.