Joint Petition to Remove Conditions on Residence (Form I-751) with USCIS pursuant to section 216(c)(1)(A) of the Immigration and Nationality Act.
Alternatively, the alien may file an application for a waiver of the requirement to file the joint petition under section 216(c)(4) of the Act.
Three grounds for the waiver set forth at 8 C.F.R. §§ 216.5(a)(1), 1216.5(a)(1) (2020); see also Matter of Mendes, 20 I&N Dec. at 834
When a petition to remove the conditions on residence is withdrawn before United States Citizenship and Immigration Services prior to adjudication, the Immigration Judge ordinarily cannot review the merits of that petition in removal proceedings. Matter of Mendes, 20 I&N Dec. 833 (BIA 1994), followed.
An Immigration Judge may rely on fraud or a willful misrepresentation of a material fact made by an alien during an interview before the United States Citizenship and Immigration Services to remove the conditional basis of an alien’s permanent resident status in assessing whether the alien has demonstrated, for purposes of adjustment of status in removal proceedings, that she is not inadmissible under section 212(a)(6)(C)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(i) (2018).
(1) Although the Immigration and Nationality Act provides one ground of deportability where conditional permanent resident status has been terminated, it sets forth three means whereby such termination may take place, each reviewable in deportation proceedings. (2) Different procedural and substantive consequences follow from which section of law the Immigration and Naturalization Service applies in terminating an alien's conditional permanent resident status, including the allocation of the burdens of proof in subsequent deportation proceedings (3) Where the parties to a marriage have jointly filed a Petition to Remove the Conditions on Residence (Form I-751) under section 216(c)(1) of the Act, 8 U.S.C. § 1186a(c)(I) (1988), but one of the parties withdraws support from the petition before its adjudication, the joint petition shall he considered withdrawn and shall be adjudicated under section 216(c)(2)(A) of the Act. (4) When a respondent in deportation proceedings has not filed an application for a waiver under section 216(c)(4) of the Act and is prima facie eligible for such relief, the proceedings should be continued in order to grant the respondent a reasonable opportunity to file the application before the regional service center director and for the center director to decide the application.