On April 7, 2022, USCIS released a policy brief indicating that they would be using a risk-based approach when determining which interviews to waive for conditional permanent residents seeking to remove conditions on their permanent resident status (must have filed Form I-751). Before this new policy, USCIS required all conditional permanent residents to have an interview if they received their status through consular processing. However, according to the agency, this proved not to be an “efficient use of USCIS staffing resources.”

“Implementing a risk-based strategic approach to the CPR-interview process will increase efficiencies that improve processing times, allow for a better use of agency staffing resources, and help reduce the pending caseload while still maintaining procedures to identify fraud and protect national security,” said USCIS Director Ur M. Jaddou. “This update is consistent with agency priorities to break down barriers in the immigration system, eliminate undue burdens on those seeking benefits, and effectively respond to stakeholder feedback and public concerns.”

Who Can Have the Interview Waived?

If USCIS can determine the following criteria, they are likely to waive the interview requirement:

  • Enough evidence to prove the legitimacy of marriage
  • Joint-filing requirement is eligible for a waiver (if applicable)
  • Nothing indicating fraud or misrepresentation in the support evidence
  • No complex facts/issues to clear up
  • No criminal history that would be grounds for removal/deportation

A noncitizen who obtains permanent resident status based on a marriage that began less than two years before obtaining that status receives permanent resident status on a conditional basis for two years.

How to Remove Conditions on Permanent Resident Status

Family-based conditional permanent residents can file Form I-751 within the 90-day period prior to the two-year anniversary of when they obtained CPR status.

How VisaNation Law Group Can Help

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