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Homeland Security

Improving the Process for Removal of Conditions on Residence for Spouses and Children

Impact on the Public

While the process for removing conditions on residence for spouses and children appears to be straight-forward, in practice, many individuals often encounter difficulty during the adjudication process resulting in undue burdens on spouses and children, including the erroneous initiation of removal proceedings.  This review seeks to explain the nature and extent of the problem, and presents recommendations to address them.

Recommendations

  1. Provide Timely, Effective and Accurate Notice to Petitioner(s) and Their Attorneys or Accredited Representatives on I-751 Receipt, Processing and Adjudication Requirements and Decisions;
  2. Ensure AFM Chapter 25 is Updated, Accurate and Complete, or Create a Superseding Source of Consolidated Information for I-751 Adjudications; and
  3. Train USCIS Staff to Apply the Updated AFM or Superseding Guidance with an Emphasis on Waiver Standards and Procedures.

Status

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