I'm about to file my I-751, removal of conditions on permanent residency. Out of curiosity I looked up the section of code for it, and found this (8 USC 1186a):
In the case of an alien with permanent resident status on a conditional basis under subsection (a), if the Secretary of Homeland Security determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that-
(A) the qualifying marriage- [... turns out not to be qualifying ...] [...] the Secretary of Homeland Security shall so notify the parties involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (or aliens) involved as of the date of the determination.
From that, just reading it as any ordinary person would, it sounds like the determination would have to be made before the "second anniversary etc" (2 year mark on the GC). However, the current processing times are hovering around 2-3 years, so I give it about a snowball's chance that any determination will be made within 3 months of filing the petition / before the 2 year anniversary.
I'm sure people are getting their green cards pulled after filing for I-751, so I guess my question is: what gives? Are there other regulations on this? Is there a precedent? Are they technically terminating based on something else when they deny I-751?
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source https://www.reddit.com/r/immigration/comments/o4w6l3/question_on_conditional_residency_removal_of/