USCIS Revises Interview Waiver Guidance for Form I-751

USCIS has issued a policy memorandum (PDF, 115 KB) (PM) 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."

Litwin & Smith is very successful in preparing I-751 Removal of Condition filings as well as I-751 Removal of Condition filings with a Waiver of the Joint Filing Requirement. We prepare many such petitions each year. Currently, the USCIS is interviewing about 30% of the I-751filings. Although, we cannot guarantee your I-751 filing will not require an interview. Our I-751 Removal of Condition filings as well as I-751 Removal of Condition filings with a Waiver of the Joint Filing Requirement filings are seldom interviewed. Maybe that is because we prepare our filings with the interview in mind. Unlike, most firms who only prepare an I-751 filing with details after they receive a Request for Evidence or Interview notice. We can't be sure, but maybe it's our reputation for paying attention to all the details that results in our lack of Interviews. To find out more please email [email protected] or call 888 344 0892 to schedule a consultation at time convenient to you.

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