U.S. Citizenship and Immigration Services (USCIS) has released a
policy memorandum revising interview waiver guidance for Form
I-751, Petition to Remove Conditions on Residence. The guidance
applies to all USCIS officers adjudicating Forms I-751, and
supersedes previous guidance issued in 2005. The memo explains that
in general, officers must interview a conditional permanent
resident who has obtained lawful permanent resident status on a
conditional basis and who is the principal petitioner on an I-751,
unless the interview is waived. The new guidance addresses when
officers may consider interview waivers.
The memo explains that USCIS officers may consider waiving an
interview if they are satisfied that:
- 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 for the
purpose of evading the immigration laws of the United States;
- For Form I-751 cases received
on/after December 10, 2018, USCIS has previously interviewed the
I-751 principal petitioner (for example, for a Form I-485 or Form
- There is no indication of fraud or
misrepresentation in the Form I-751 or the supporting
- There are no complex facts or issues
that require an interview to resolve questions or concerns.
When determining whether to waive an interview, the
considerations listed above apply regardless of whether the I-751
is filed as a joint petition or as a waiver of the joint filing
requirement, the memo states. Cases involving fraud or national
security concerns must be referred to the Fraud Detection and
National Security Directorate according to local procedures.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.