Adjudicator’s Field Manual - Chapter 25 Petitions for Removal of Conditions on Conditional Residence

Sep 13, 2026

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Adjudicator’s Field Manual 第25章 outlines petitions to remove conditions on conditional residence for immigrants who obtained permanent residence based on recent marriage. It explains the Immigration Marriage Fraud Amendments of 1986 (IMFA), the two-year petition requirement for removal, waiver rationale, and the definition of “conditional permanent resident” versus “petitioning spouse.” It also clarifies when section 216 applies and when it does not, emphasizing correct determination of the marriage date and related notification duties.

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Pages31

Reading Time11 min

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Chapter 25 Petitions for Removal of Conditions on Conditional Residence

25.1 Immigration Marriage Fraud Amendments of 1986 (Form I-751)

25.2 Entrepreneurs (Form I-829)

Section 216: General Provisions

Conditional Residence Applicability and Exceptions

Notification Requirements

Adjudicator’s Field Manual NOTE: The USCIS Policy Manual is our centralized online repository for immigration policies. Weare working quickly to update and move material from the Adjudicator’s Field Manual to the Policy Manual. Please check that resource, along with our Policy Memoranda page, to verify information you find in the Adjudicator’s Field Manual. If you have questions or concerns about any discrepancies among these resources, [please contact](please contact USCISPolicyManual@uscis.dhs.gov)[ ](please contact USCISPolicyManual@uscis.dhs.gov)[USCISPolicyManual@uscis.dhs.gov](please contact USCISPolicyManual@uscis.dhs.gov). Chapter 25 Petitions for Removal of Conditions on Conditional Residence. 25.1 Immigration Marriage Fraud Amendments of 1986 (Form I-751) has been partially superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of November 21, 2019. 25.2 Entrepreneurs (Form I-829), has been superseded by USCIS Policy Manual, Volume 6: Immigrants as of November 30, 2016 25.1 Immigration Marriage Fraud Amendments of 1986 References: Section 216 of the Act 8 CFR 216 (a) General . The Marriage Fraud Amendments of 1986 (“IMFA”) were enacted in response to a growing concern about aliens seeking permanent residence in the U.S. on the basis of marriage to a citizen or resident when either the alien acting alone, or the alien and his or her reputed spouse acting in concert, married for the sole purpose of obtaining permanent residence. Congress was particularly moved by the testimony of numerous citizens whose alien spouses had left them shortly after obtaining residence, as well as the t estimony of Service representatives concerned with “marriage for hire” schemes. Congress also acknowledged the inherent difficulties faced by the Service in determining whether the marriage is fraudulent and whether the alien intended to leave the marital union once lawful permanent residence was granted. In response to these concerns, Congress passed IMFA, which added section 216 to the Immigration and Nationality Act. Section 216 created a conditional residence requirement for aliens who acquire permanent residence based on recent marriages. The condition being that persons subject to the provisions of IMFA were required to petition the Service two years after obtaining residence for removal of the conditional basis of the residence. Failure to do so, or denial of the removal petition, would result in the alien losing residence status and being removed from the U.S. as a deportabl e alien. Section 216 also includes a waiver provision because it recognizes that under certain circumstances (e.g. , if the marriage had dissolved through no fault of the alien), the alien’s loss of residence and deportation from the U.S. would be inappropriate. The conditional residence provisions of section 216 apply to: • Any alien who, based upon a marriage to either a citizen of the U.S. or a lawful permanent resident of the U.S. , obtains permanent residence within two years of such marriage (i.e. , as a spousal Immediate Relative or second preference classification); and • Any child of such alien who also obtains permanent residence through his or her parent’s marriage within 2 years of the marriage. Note: Confusion can arise regarding to whom a reference is being made (especially in spousal second preference conditional residence situations due to both parties, husband and wife, being aliens) . In order to clarify which party is being referred to, the alien who is subject to the IMFA conditions is known as a“conditional permanent resident,” while the citizen or LPR who had filed the I-130 petition on behalf of such alien is known as the “petitioning spouse.” The section 216 provisions do not apply to: • An alien who obtains permanent residence through a marriage which is more than two years old at the time of admission or adjustment; • An alien who obtains permanent residence on a basis other than marriage

FAQs

What is the purpose of the Marriage Fraud Amendments of 1986 (IMFA) in conditional residence cases?

IMFA was enacted to address concerns about marriages entered solely to obtain permanent residence. It added a conditional residence requirement for qualifying recent marriages and set rules for removing those conditions.

When must a conditional permanent resident file a petition to remove conditions?

A petition must be filed two years after obtaining conditional permanent residence to remove the conditional basis. Failure to do so, or denial of the petition, results in loss of status and removal.

Which cases are excluded from section 216’s conditional residence requirements?

Section 216 does not apply when the marriage is more than two years old at admission or adjustment, when permanent residence is based on non-marriage grounds, or when the person obtains residence as a dependent under specified categories such as special immigrants, refugees, asylees, or other non-second-preference classifications.

Sep 13, 2026

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