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Statutes · INA §216 / 8 U.S.C. §1186a

INA §216 — Conditional residence

INA §216 provides conditional residence for covered marriage-based spouses and children when the marriage is less than two years old at permanent-residence admission. It also governs removal of those conditions.

Published:

What the statute covers

The ordinary joint petition is filed during the 90 days before the second anniversary of conditional residence. Form I-751 is the petition used for covered marriage-based conditional residents. The marriage date and the date conditional residence began are different dates and should not be confused.

Limits and practical context

Section 216(c)(4) provides specified waivers of joint filing, including qualifying good-faith marriages terminated in divorce, battery or extreme cruelty, and extreme hardship. Requirements differ by basis. The joint-petition filing window should not be treated as a universal waiver filing rule. The full statute and USCIS instructions should be checked for the selected route.

Primary sources

General reference information, not legal advice. A summary does not replace the statute or full decision. Check applicability and subsequent developments before filing. Publication does not imply attorney legal review or create an attorney-client relationship.

Frequently asked questions

What is INA §216 — Conditional residence?

INA §216 provides conditional residence for covered marriage-based spouses and children when the marriage is less than two years old at permanent-residence admission. It also governs removal of those conditions.

What should I check before relying on this information?

Section 216(c)(4) provides specified waivers of joint filing, including qualifying good-faith marriages terminated in divorce, battery or extreme cruelty, and extreme hardship. Requirements differ by basis. The joint-petition filing window should not be treated as a universal waiver filing rule. The full statute and USCIS instructions should be checked for the selected route.

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