This proposed rule would clarify that an alien remains ineligible for adjustment of status after termination of conditional resident status. It would also modify provisions regulating the adjustment of status of a nonimmigrant fiance(e) to reflect the current statute and to allow adjustment of status based on a marriage occurring more than 90 days after admission. The clarification concerning adjustment of status after termination of conditional residency is necessary in view of the determination by the Board of Immigration Appeals' (the Board) finding that the current regulations do not prohibit the adjustment of status of an alien whose conditional resident status has been terminated. Matter of Stockwell, 20 I&N Dec. 309 (BIA 1991). This proposed rule would also ensure compliance with the existing statute and eliminate hardships to certain persons who were unable to marry until after the expiration of the alien spouse's period of admission as a nonimmigrant fiance(e).
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