Interview Waiver Guidance for I-751 Petitions | Immigration Jo Office – Jeongyun Jo | Page 22

Interview Waiver Guidance for I-751 Petitions

If a foreign national applies for permanent residence based on marriage to a US citizen, the foreign national will get a conditional permanent resident status valid for two years if the couple has been married for less than 2 years at the time the permanent resident is approved. The foreign national must  file the Form I-751 with the USCIS either jointly with their petitioning spouse or individually through a request for a waiver of the joint filing requirement (waiver request) to remove of the conditional status prior to the end of the two-year period. 

Generally, USCIS officers must interview a conditional permanent resident and as part of the Form I-751 adjudication, conditional permanent resident must appear for an interview. Interviews provide USCIS with the opportunity to verify information contained in the petition or application, as well as the opportunity to discover new information that may be relevant to the adjudication or to determine the credibility of the individual seeking to remove the conditions on his or her lawful permanent resident status. 

On November 30, 2018, USCIS issued a new policy memorandum that limits when officers may waive the requirement for an interview and adjudicate the Form I-751 without conducting 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 U.S.;

For Form I-751 cases received on/after December 10, 2018, USCIS has previously interviewed the I-751 principal petitioner (ex. 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. 

Therefore, the foreign nationals who were never interviewed by USCIS will be required to be interviewed. 

                                                                            

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