Interview Waivers for Certain Conditional Permanent Residents

The U.S. Citizenship and Immigration Services (USCIS) has implemented a risk-based approach to waive interviews for conditional permanent residents (CPR) who have filed a petition to remove conditions on residence (form I-751). This replaces the previous policy, which had mandated interviews for virtually all CPRs who obtained such status through consular processing.

Background on CPR Status

A foreign national who obtains permanent resident status based on a marriage to a U.S. citizen that occurred less than two years before obtaining that status will receive conditional (i.e., temporary) resident status valid for two years. To remove the condition and become a lawful permanent resident (LPR), the individual normally must file a form I-751 within the 90-day period before the two-year anniversary of obtaining CPR status.

Updated USCIS Policy of Using a Risk-Based Approach

USCIS officers now are being granted discretion to waive in-person interviews of CPRs using a risk-based approach. Under this new policy, an officer may waive the interview if ALL of the following requirements are met:

• There is sufficient evidence about the bona fides of the marriage.
• The joint-filing requirement is eligible for a waiver (if applicable).
• There is no indication of fraud or misrepresentation in supporting documents.
• There are no complex facts or issues to resolve.
• There is no criminal history that would render the CPR removable.

Conclusion

It is still discretionary on the part of the USCIS as to whether certain CPR interviews are waived using the above risk-based approach. Hopefully, the updated policy will help reduce the processing times at the USCIS, as well as undue burdens on petitioners and applicants for immigration benefits.

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