Conditional permanent resident? You may not have to do that interview after all!

Anyone married for less than two years at the time of the marriage based green card approval will get a conditional green card. The applicant must file jointly or apply for a waiver (if no longer married) to remove the condition and lengthen the time to 10 years.The USCIS will give officers broader discretion to waive an I-751 removal of conditions interview. The Policy Memorandum dated November 30, 2018 instructs officers to look at each individual application to determine whether they can waive the interview. Such a discretionary waiver will be based on all of the following factors as listed on the USCIS website:

  • There is sufficient evidence to show a bona fide marriage and that the marriage was not for the purpose of evading the immigration laws;
  • For Form I-751 cases received on/after December 10, 2018, USCIS has previously interviewed the I-751 principal petitioner (for example, for a Form I-485 or Form I-130);
  • 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 questions or concerns.

The great news is that the officer can waive the interview in I-751 joint filings and I-751 waiver applications (where the marriage did not work out but the applicant is requesting removal of conditions despite the separation from the U.S. or permanent resident spouse).

NOTE: As always if in doubt contact an immigration attorney to assist with your I-751 application.

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