NPZ Immigration Law Blog

USCIS has issued a policy memorandum providing guidance to USCIS officers on when to consider waiving the interview requirement for Form I-751, Petition to Remove Conditions on Residence. This PM goes into effect on December 10, 2018 and applies to all Form I-751 petitions received on or after December 10.

Generally, USCIS officers must interview a conditional permanent resident who is the principal petitioner on a Form I-751, unless the interview is waived. This guidance explains that 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 in order to evade U.S. immigration laws;
• For Form I-751 cases received on or after December 10, 2018, USCIS has previously interviewed the principal petitioner;
• 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.

When determining whether to waive an interview, these considerations apply regardless of whether the Form I-751 is filed as a joint petition or as a waiver of the joint filing requirement.

This PM applies to all USCIS officers adjudicating Form I-751 and fully replaces the June 24, 2005, PM, “Revised Interview Waiver Criteria for Form I-751, Petition to Remove the Conditions on Residence.”

USCIS LINK: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-11-30-PM-602-0168-revised-interview-waiver-guidance-for-form-I-751.pdf