USCIS recently issued a policy memo to I-751 adjudicating officers regarding when it is permissible to waive the interview for the I-751. The policy memo was dated November 30, 2018 and became effective on December 10, 2018.
Generally, applicants petitioning to remove the conditions of their conditional U.S. Lawful Permanent Residence must attend an interview for USCIS to verify the information in the petition/application, to have an opportunity to discover new information that may be relevant to the adjudication, or to help determine the credibility of the applicant. However, under the new policy it has been clarified for the USCIS officer that he/she may waive the interview if the following conditions are met regardless of whether the petition was jointly filed or filed by waiver:
• 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 for the purpose of evading the immigration laws of the United States;
• 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.
Chapter 25.1(g) of the Adjudicator's Field Manual (AFM) has been updated to reflect the revised policy.
For further information regarding the I-751 and when/how to file, you may want to contact an immigration attorney. The Law Offices of Rebecca Carcagno, PLLC handles I-751 cases and offers a free initial consultation.
***Please keep in mind that this blog posting is for educational purposes only (i.e., to give you general information and a general understanding of this immigration related matter); this blog posting does not provide specific legal advice and does not form an attorney-client relationship.***
The Law Offices of Rebecca Carcagno, PLLC
3830 Packard St
Ann Arbor, MI 48108