U.S. Citizenship and Immigration Services (USCIS) earlier announced a new policy update to adopt a risk-based approach when waiving interviews for conditional permanent residents (CPR), filing a petition to remove the conditions on their permanent resident status.
With the new policy update, USCIS officers will be guided to waive interviews for CPRs who filed a Form I-751, Petition to Remove Conditions on Residence. New update has replaced previous agency guidance requiring all CPRs to undergo an interview if they obtained CPR status via consular processing.
USCIS Director Ur M. Jaddou said that “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. 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.”
Prior policy requiring mandatory CPR interviews did not prove to be an efficient use of USCIS staffing resources. Under this policy update, USCIS may waive the interview requirement if the agency officer determines 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, and there is no criminal history that would render the CPR removable.
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. To remove the conditions on permanent resident status, family-based CPRs generally must file a Form I-751 within the 90-day period before the two-year anniversary of when they obtained CPR status.
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