This archive report was first published on 28 November 2019.
As of November 21st, 2019, the U.S. Citizenship and Immigration Services (USCIS) has relaxed its policy for conditional permanent residents who divorce before the conditions on their permanent residence are lifted.
Immigrants who obtained a two-year conditional green card but divorce before the conditions are lifted no longer need an immigration judge's approval to file a new petition with a new spouse.
According to USCIS, an immigration judge 'does not need to affirm the termination of CPR status before the alien can file a new adjustment of status application.'
Conditional permanent residents who are married to a U.S. citizen for less than two years and file for adjustment of status (Form I-485) receive a two-year conditional green card. They must then file an application to remove conditions on their green card (Form I-751) within a 90-day window before the two-year anniversary.
Previously, conditional permanent residents who failed to remove conditions due to divorce or other reasons had to wait for an immigration judge's ruling on the termination of their conditional permanent status before filing a new petition with a new spouse.
Attorney Elina Santana, a member of the South Florida branch of the American Immigration Lawyers Association (AILA), noted that the previous policy often left immigrants in a 'terrible limbo,' unable to renew their old residence or apply for a new one.
