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USCIS Policy Manual Update: No Need to Wait for Immigration Judge to Affirm USCIS Termination of CLPR Status Before New Adjustment

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USCIS Policy Manual Update: No Need to Wait for Immigration Judge to Affirm USCIS Termination of CLPR Status Before New Adjustment

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On November 21, 2019, USCIS announced changes to its policy manual related to applications for adjustment of status for those whose conditional lawful permanent resident (CLPR) has been terminated by USCIS.

A noncitizen can gain CLPR status based on marriage to a U.S. citizen or lawful permanent resident where they have been married for less than two years at the time of admission—or based on an immigrant investor (EB-5) visa.

A CLPR is generally ineligible to adjust status on a different basis. However, they can adjust if their CLPR status has been terminated.  The update to the policy manual makes clear that an immigration judge does not need to affirm USCIS’s termination of CLPR status before an applicant can adjust on a new basis.

Please note that if they adjust on another basis, USCIS will not count their time spent in CLPR status toward the residency requirement for naturalization.

Further Reading:

USCIS Announcement

USCIS Policy Alert

Updated Section of Policy Manual

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