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

    I-130);

  • There is no indication of fraud or

    misrepresentation in the Form I-751 or the supporting

    documentation; and

  • 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 memo, which includes additional

information

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.

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