BALSILLIE

Citations

• 20 I. & N. Dec. 486

Syllabus

BALSILLIE, 20 I&N Dec. 486 (BIA 1992) ID 3175 (PDF) (1) The Immigration andNationality Act provides two means by which the conditional basis of aconditional permanent resident's status may be removed: the alien andthe United States citizen spouse may file a Joint Petition to Remove theConditional Basis of Alien's Permanent Resident Status (Form I-751) undersection 216(c)(1) of the Act, 8 U.S.C. § 1186(c)(1)(Supp. II 1990),or the alien may file an Application for Waiver of Requirement to FileJoint Petition for Removal of Conditions (Form I-752) under section 216(c)(4). (2) Section 216(c)(4)of the Act, as amended, and the corresponding regulations at 8 C.F.R.§216.5 (1992) provide three separate waivers of the requirement tofile a joint petition for removal of the conditional basis of a conditionalpermanent resident's status.