Chapter 1 - Purpose and Background

A. Purpose

A noncitizen who is admitted to the United States as a permanent resident, or who adjusts status to permanent residence, based on a qualifying marriage less than 2 years old is required to meet certain conditions after the noncitizen’s admission or adjustment of status.^[1] This noncitizen, known as a conditional permanent resident (CPR), receives permanent resident status on a conditional basis for 2 years. A CPR’s child may also obtain CPR status.^[2]

This part of the Policy Manual only discusses family-based CPRs.^[3]

B. Background

Before 1986, the law did not place conditions on a noncitizen who obtained permanent resident status through a qualifying marriage less than 2 years old. Instead, the noncitizen immediately received lawful permanent resident status without conditions. However, Congress believed that a significant number of noncitizens might have entered into these marriages to evade the U.S. immigration laws.^[4]

Therefore, Congress enacted the Immigration Marriage Fraud Amendments of 1986 (IMFA) to discourage the use of fraudulent marriages to obtain permanent residence in the United States.^[5] Congress created conditions and a second review of the bona fides of the marriage to ensure that the noncitizen entered into the marriage in good faith and not for the sole purpose of obtaining an immigration benefit.

C. Legal Authorities

• INA 216; 8 CFR 216.1-5 – Conditional permanent resident status for certain alien spouses and sons and daughters
• The Immigration Marriage Fraud Amendments of 1986^[6]
• Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act – Penalties for disclosure of information^[7]

Footnotes

[^ 1] See INA 216(h)(1). See 8 CFR 216.1.

[^ 2] See INA 101(b)(1), INA 201(f), INA 203(h), and INA 216(h)(2).

[^ 3] For more information on conditional residence for certain immigrant investors, see Part G, Investors, Chapter 7, Removal of Conditions [6 USCIS-PM G.7].

[^ 4] See H.R. Rep. 99-906, 1986 U.S.C.C.A.N. 5978 (“Surveys conducted by the Immigration and Naturalization Service have revealed that approximately 30 percent of all petitions for immigrant visas involve suspect martial relationships.”).

[^ 5] See IMFA, Pub. L. 99-639 (PDF), 100 Stat. 3537 (November 10, 1986).

[^ 6] See IMFA, Pub. L. 99-639 (PDF), 100 Stat. 3537 (November 10, 1986).

[^ 7] See Omnibus Consolidated Appropriations Act of 1997, Pub. L. 104-208 (PDF), 110 Stat. 3009, 3009-652 (September 30, 1996).