U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance regarding individuals with terminated Conditional Permanent Resident status. That individual may potentially file a new adjustment of status application without having to go through the immigration court system to have a judge affirm the termination of CPR status.USCIS, on November 21, 2019, published policy guidance that refers to the Board of Immigration Appeals Matter of Stockwell case with regards to individuals whose CPR status has been terminated. This is positive news for such individuals who meet the conditions outlined in USCIS policy.One is given CPR status through marriage to a U.S. citizen or lawful permanent resident, or by an approved EB5 Green Card petition. To remove conditions, EB-5 applicants must file an I 829 petition within 90 days of the second anniversary of being issued CPR status.That status may be terminated by USCIS if the individual did not file a timely application to remove conditions, or if the application failed to provide the necessary evidence. However, in certain situations, those individuals may qualify for permanent residence on a new basis, under provisions of section 245(a) of the Immigration and Nationality ACT (INA).Previously, USCIS’s policy in such matters was that an immigration judge had to affirm the termination of CRP status before an individual could file for a new adjustment of status. This meant the EB5 investor had to go through the immigration system before filing to readjust status again.But the case of Matter of Stockwell has changed that policy: the investor in question, if they are eligible, may file for adjustment of status without a judge affirming their termination if they meet these conditions:
- a new basis to file for adjustment of status
- eligibility to adjust status
- USCIS has jurisdiction over that individual’s adjustment of status
Note that an individual’s period of time in CPR status doesn’t carry forward for new residency requirements, and that this policy applies to adjustment of status petitions filed on or after November 21, 2019.Read the Mondaq articleRead the USCIS policy alert
