USCIS TO USE A RISK-BASED APPROACH WHEN WAIVING INTERVIEWS FOR CONDITIONAL PERMANENT RESIDENTS

By: Kirti Kalra

United States Citizenship and Immigration Services (USCIS) will use a risk-based approach to determine when to waive interviews for certain conditional permanent residents (CPRs) that file Form I-751, Petition to Remove Conditions on Residence.

Previously, USCIS required an interview for all CPRs that obtained their status through consular processing.

THE POLICY
USCIS officers may now waive the CPR interview requirement if there is sufficient evidence that the marriage is bona fide, there is no fraud or misrepresentation of facts in any of the documents submitted, there are no complex issues to resolve, and the applicant does not have a criminal history.

USCIS hopes waiving interviews will result in faster processing times and better usage of limited staff resources. The policy should help reduce the current caseload and barriers to US immigration, while continuing to detect fraud and protect national security.

REMOVING THE CONDITIONS ON CPR STATUS
If a non-citizen applies for permanent resident status based on a marriage to a US citizen that has lasted fewer than two years, they will likely receive conditional permanent resident status for two years. To remove these conditions, applicants should file Form I-751 in the 90-day period prior to the two-year anniversary of when their CPR status was granted.

CONCLUSION
USCIS is expected to make more policy changes to streamline US immigration policy. The Chugh, LLP immigration team will continue to monitor the changes and provide updates as they become available. For case-specific questions or assistance filing Form I-751, please contact your Chugh, LLP immigration professional.