Blog by Pasricha & Patel, LLC

USCIS clarifies and revises the interview waiver guidance for form I-751, petition to remove conditions on residence

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Pasricha & Patel Takeaways:

USCIS has published new guidance to clarify to the USCIS officers who are adjudicating the form I-751, petition to remove conditions on residence on when to consider waiving the interview requirement. Generally, the USCIS is supposed to interview a conditional permanent resident who is the principal petitioner on the form I-751, unless the interview is waived by the USCIS.

This new policy memo directs the USCIS officer that they may consider waiving the interview if they are satisfied that:

1. They can make a decision based on the record because it contains sufficient evidence about the bona fides of the marriage and that the marriage was not entered into in order to evade U.S. immigration laws;

2. For form I-751 cases received on or after December 10, 2018, USCIS has previously interviewed the principal petitioner;

3. There is no indication of fraud or misrepresentation in the form I-751 or the supporting documentation; and

4. There are no complex facts or issues that require an interview to resolve.

USCIS also notes that these considerations apply to I-751 petitions that are either filed as joint petition, or as a waiver of the joint filing requirement. This policy memo also takes effect immediately starting on Monday, December 10, 2018.

Currently, the I-751 petition processing times can take many months. So, it appears that from this new policy memo, the USCIS may be trying to cut down on the backlog of I-751 petitions. This also gives the USCIS officer wider discretion to waive 751 interview requirements.

This is a positive step for USCIS to take. And hopefully, this will lead to reduced I-751 processing times in the coming months.

Should you have any questions or concerns about this or any other immigration matters, please do not hesitate to contact our office to schedule further consultations.