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USCIS Announces to Implement Risk-Based Approach for Conditional Permanent Resident Interviews

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USCIS Announces to Implement Risk-Based Approach for Conditional Permanent Resident Interviews
  • 04.18.2022

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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Onal Gallant and Partners PC is a law office specializing in Real Estate Law, Intellectual Property, Corporate and Business Law, Immigration Law, and the US Visa Processes. We deliver reliable advice in a large variety of subjects ranging from forming a corporation, and buying a house in the US to trademark registration and Green Card applications (e.g., EB3 Visa or DV Lottery). With exceptional knowledge and insight into immigration law, our experienced lawyers at Onal Gallant and Partners PC are ready to help and respond to all of your inquiries.

You can follow up at www.ogplawfirm.com website, social media accounts, Youtube Channel, and our blogs in Turkish and English to get updated information and news about these topics.

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The information and opinions provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only and may not constitute the most up-to-date legal information.

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