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DHS/USCIS RIN: 1615-AA29 Publication ID: Spring 2009 
Title: Battered and Abused Conditional Residents; Termination of Marriage by Conditional Residents 
Abstract: Enacted on November 10, 1986, the Immigration Marriage Fraud Amendments of 1986 (IMFA), made a number of changes to the Immigration and Nationality Act (Act) to deter aliens from marrying solely to obtain immigration benefits. IMFA established a conditional resident status for aliens who obtained lawful permanent resident status based upon a marriage of less than 2 years' duration. The interim rule published on May 16, 1991, established procedures to allow a conditional resident who married in good faith but whose marriage was terminated by the United States citizen or lawful permanent resident spouse to seek a waiver of the joint filing requirement. The interim rule published on May 16, 1991, also was necessary to provide a method by which a battered conditional resident, or a conditional resident parent of an abused conditional resident child, may apply for removal of the conditional basis of resident status without filing a joint petition. This final rule implements certain technical changes made by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and addresses comments received in response to the interim rule published on May 16, 1991. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 216    8 CFR 299   
Legal Authority: 8 USC 1101    8 USC 1103    8 USC 1154    8 USC 1184    8 USC 1186a   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  05/16/1991  56 FR 22635   
Final Action  To Be Determined    
Additional Information: Interim Rule for CIS No. 1423-91 published on May 16, 1991. Transferred from RIN 1115-AF59
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Laura M. Dawkins
Chief, Regulatory Coordination Division
Department of Homeland Security
U.S. Citizenship and Immigration Services
Room 3040, Suite 1200, 20 Massachusetts Avenue NW.,
Washington, DC 20529
Phone:202 272-1470
Fax:202 272-1480
Email: laura.dawkins@uscis.dhs.gov