What US INA Conditional Permanent Resident Status for Alien Spouses (8 USC 1186a): Removal of Conditions and Waivers requires
Section 216 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. 1186a, places permanent resident status obtained through a recent marriage on a conditional basis and sets the procedure for removing those conditions, administered by US Citizenship and Immigration Services. Section 1186a(a) provides that an alien spouse and any alien sons or daughters obtaining permanent residence by reason of a marriage less than two years old at admission obtain that status on a conditional basis, subject to the section. Section 1186a(b) authorizes the Secretary to terminate the conditional status before the second anniversary if the qualifying marriage was entered into for the purpose of procuring the alien's admission as an immigrant or if a fee or other consideration (other than to an attorney for assistance) was given for filing the petition. Section 1186a(c) requires the alien spouse and the petitioning spouse jointly to submit a petition to remove the conditions and to appear for a personal interview, and provides under section 1186a(c)(2) for automatic termination of status where the petition is not filed or the interview is missed without good cause. Section 1186a(c)(4) authorizes the Secretary to waive the joint-petition requirement on a showing of extreme hardship, a good-faith marriage that was terminated other than through the alien's fault, or battery or extreme cruelty in the marriage. Section 1186a(d) specifies the contents of the petition and fixes the filing window during the 90-day period before the second anniversary of obtaining conditional status. The section is the mechanism that tests the bona fides of a marriage-based green card and converts conditional status into unconditional permanent residence.
Pillar: Immigration & Border Control · Authority: US Congress / US Citizenship and Immigration Services · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title8/html/USCODE-2022-title8-chap12.htm
SHA-256 integrity: c642156132cccae73b8da9b3e66545099e13d807cbe298b76eb12685819ec285
Primary Citations — 8 traced to source
- Immigration and Nationality Act 216, 8 U.S.C. 1186a(a) - alien spouse and sons or daughters obtain permanent residence on a conditional basis where the qualifying marriage was less than two years old at admission.
- Immigration and Nationality Act 216, 8 U.S.C. 1186a(b) - termination of conditional status where the marriage was entered into to procure admission or a fee or consideration was given for the petition.
+ 6 more citations (full bibliography, deterministic workflow, actionable schema and crosswalks) included in the vault unlock — $0.01 via Skyfire / L402 / Direct Base USDC.
Access
- Discovery (free): /api/v1/nodes/us-ina-conditional-permanent-resident-8usc1186a.json — 6-field metadata
- Vault (full node): /api/v1/vault/nodes/us-ina-conditional-permanent-resident-8usc1186a.json — full 13-key payload, $0.01 USDC (L402/Skyfire/Direct Base)
- Canonical URL: https://bidda.com/intelligence/us-ina-conditional-permanent-resident-8usc1186a
- Back to registry: Browse all 10,085 compliance nodes