Who does the INA § 245(d) conditional resident bar apply to?

Prepare for the USCIS Basic – Block 3 Exam. Use flashcards and multiple choice questions with detailed explanations. Ensure success for your test!

The correct option pertains to aliens who have been granted lawful permanent resident status on a conditional basis. Under INA § 245(d), these individuals are subject to specific conditions that affect their residency. This statute is designed particularly for those who obtained their residency through marriage to a U.S. citizen or lawful permanent resident when that marriage is less than two years old at the time of adjustment of status.

The intent behind this provision is to prevent individuals from exploiting the immigration system by ensuring that they are genuinely in a bona fide relationship, as the conditional residency aims to secure the integrity of familial immigration practices. These conditional residents must apply to have the conditions removed within a certain period before the two-year mark, demonstrating that their marriage is legitimate and not fraudulent.

The other choices do not fit the conditional resident bar's specific context. Those awaiting a visa are not yet residents, individuals applying for citizenship are typically outside this category, and student visa holders are non-immigrants who do not possess permanent resident status subject to conditions. Thus, the focus remains on the status and requirements applicable specifically to conditional residents as stipulated in the Immigration and Nationality Act.

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