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 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.   

– Weekly Immigration Briefing by Olivia Hester, Immigration Law Analyst at Docketwise

Posted in: Immigration