Extension of Status for Conditional Residents

[Eric&Yuhui]

U.S. Department of Homeland Security

Bureau of Citizenship and Immigration Services HQADN 70/23.12

425 I Street NW Washington, DC 20536

December 2, 2003

MEMORANDUM FOR ALL INTERIM REGIONAL DIRECTORS ALL INTERIM SERVICE CENTER DIRECTORS ALL INTERIM DISTRICT DIRECTORS, BCIS

FROM: William R. Yates /s/ Acting Associate Director for Operations Bureau of Citizenship and Immigration Services

SUBJECT: Extension of Status for Conditional Residents with Pending Forms I-751, Petition to Remove Conditions on Residence

Background

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.

Memorandum for Regional Directors, et al.

Page 2 Subject: Extension of Status for Conditional Residents with Pending

Forms I-751, Petition to Remove Conditions on Residence

Documenting a Conditional Resident’s Status

According to the regulations at 8 CFR 216.4(a)(1), “Upon receipt of a properly filed Form I-751, the alien’s conditional permanent resident status shall be extended automatically, if necessary, until such time as the director has adjudicated the petition.” Thus, any conditional resident who has filed a Form I-751 remains a conditional resident until a decision is made on his or her Form I-751. Such conditional resident is eligible to receive evidence of his or her conditional resident status.

If a conditional resident whose I-551 has expired and whose I-797 has “expired” or is about to “expire” requests documentation of his or her status for travel or employment purposes, the Bureau of Citizenship and Immigration Services (BCIS) officer who is processing this request should first check MFAS. If the Form I-751 is still pending, the BCIS officer should collect the expired Form I-551 and issue either:

• A temporary I-551 stamp with a 12-month expiration date in the conditional resident’s unexpired, foreign passport (if the expiration date of the passport is one year or more); or

• If the conditional resident is not in possession of an unexpired foreign passport, a Form I-94 (arrival portion) containing a temporary I-551 stamp with a 12-month expiration date and a photograph of the conditional resident.

[Mick]

Huh??? What????

 

I was confused enough before this, now I am totally bewildered.

 

What does this mean for K1?

 

Translation please.

[frank1538]

This is how I read it.

 

When you file the I-751, you "atomatically" get a one year extention for the removal of conditions. This keeps the petitioner "in status" and is supposed to allow CIS the time to process the I-751 petition.

 

Apparently, the petitions aren't being processed within that one year period (surprise, surprise), so CIS now put in a mechanism to allow the petitioner to prove that he/she is still in status through another "extension".

 

Sounds kinda bass ackwards to me. Rather than improving the I-751 processing, CIS is just giving another "in status" extension.

[Robert S.]

It is good they are getting all their forms in order so that there is a logical stepwise process. That is the easy part. Now if there were some way to expedite the whole thing and get it done in a timely manner . . . . .

[Mick]

It is good they are getting all their forms in order so that there is a logical stepwise process.  That is the easy part.  Now if there were some way to expedite the whole thing and get it done in a timely manner  . . . . .

"..expedite the whole thing and get it done in a timely manner". Ha ha ha. That's a good one Robert.

[se_lang]

If the condition of the conditional extension is in temporary condition then you may conditionally file an extended extension for a conditional condition for a conditional temporary permanent resident on a temporary conditional basis providing the conditional temporary permanent resident has a valid passport if they don't have a valid passport then a conditional temporary permanent stamp can be placed in their expired passport.

 

There Mick I think that should clear it up

[frank1538]

If the condition of the conditional extension is in temporary condition then you may conditionally file an extended extension for a conditional condition for a conditional temporary permanent resident on a temporary conditional basis providing the conditional temporary permanent resident has a valid passport if they don't have a valid passport then a conditional temporary permanent stamp can be placed in their expired passport.

 

There Mick I think that should clear it up  

Me thinks you be a government plant.

 

Are you by chance the acting interim presiding assitant to the undersecretary's deputy assistant to the temporary director of assistants to the acting directors of interim acting secretaries of assistants acting as conditional temporary extension directors?

[se_lang]

the sad thing is all that makes sense

[frank1538]

If the condition of the conditional extension is in temporary condition then you may conditionally file an extended extension for a conditional condition for a conditional temporary permanent resident on a temporary conditional basis providing the conditional temporary permanent resident has a valid passport if they don't have a valid passport then a conditional temporary permanent stamp can be placed in their expired passport.

 

the sad thing is all that makes sense  

 

My God, you're right

[Robert S.]

It is good they are getting all their forms in order so that there is a logical stepwise process.  That is the easy part.  Now if there were some way to expedite the whole thing and get it done in a timely manner  . . . . .

"..expedite the whole thing and get it done in a timely manner". Ha ha ha. That's a good one Robert.

We all know they drag it out on purpose to try to discourage us.