Office of the Citizenship and Immigration Services Ombudsman Recommendation: Improving the Process for Removal of Conditions on Residence for Spouses and Children

This recommendation by the Office of the Citizenship and Immigration Services Ombudsman (Ombudsman’s Office) considers U.S. Citizenship and Immigration Services’ (USCIS’s) application of section 216 of the Immigration and Nationality Act (INA), which imposes an initial two-year period of conditional residence on certain spouses and dependent children who obtain status based on a marriage to a U.S. citizen (USC) or lawful permanent resident (LPR). It further establishes a detailed procedure for removing these conditions on status, which begins with the filing of a petition with fee, and extends through the appearance at any requested interview before USCIS of the petitioner(s) and/or derivatives.