On April 7, 2022, the United States Citizenship, and Immigration Services (USCIS) updated its interview waiver criteria for family-based conditional permanent residents filing to remove the conditions on permanent residence on Form I-751 Removal of Conditions.
For those clients who attained their permanent resident status (green card) based on a marriage that was less than 2 years old at the time of approval, receive a conditional green card, also known as “conditional permanent residency.”
This conditional green card is issued for a 2-year period. Prior to the expiration of the 2-year green card, the applicant must file Form I-751 to remove their conditions on permanent residence within the 90-day window before it expires.
The Immigration and Nationality Act (INA) stipulates that a conditional permanent resident must appear for an in-person interview as part of the I-751 Removal of Conditions adjudication process, so that the immigration officer can verify the accuracy of the information included in the petition and determine whether the conditions on permanent residence should be removed.
The INA also provides USCIS the authority to waive the interview. USCIS published guidance limiting the circumstances under which an interview could be waived. USCIS officers may consider waiving the interview in cases where:
- The officer considers they can make a decision on the petition based on the record because the record contains sufficient evidence about the bona fides (genuineness) of the marriage and that the marriage was not entered into for the purpose of evading the immigration laws of the United States;
- There is sufficient evidence in the record of the Conditional Permanent Resident’s eligibility for waiver of the joint filing requirement, if applicable;
- There is no indication of fraud or misrepresentation on the Form I-751, in the supporting documentation, or elsewhere in the record;
- There are no complex facts or issues that require an interview or sworn statement to resolve questions or concerns; and
- There are no criminal bars rendering the Conditional Permanent Resident removable.
When determining whether to waive an interview, the considerations listed above apply regardless of whether the form I-751 is filed as a joint petition, individual filing request, or a waiver. For a joint petition, the statute requires USCIS to interview both the Conditional Permanent Resident and petitioning spouse. If the Conditional Permanent Resident is filing an individual filing request or waiver, only the Conditional Permanent Resident must appear for the interview.
Leave a Reply