The United States Citizenship and Immigration Services (USCIS) announced a new policy that went into effect on April 7, 2022.
The new policy, which is effective immediately, will adopt a risk-based approach when waiving interviews for conditional permanent residents (CPR) who have filed a petition to remove the conditions on their permanent resident status.
This change replaces previous agency guidance that required all CPRs to undergo an interview if they obtained CPR status by applying through a United States consulate or embassy.
“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.”said USCIS Director Ur M. Jaddou.
How the New Policy Works
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. CPRs must file a Form I-751 within the 90-day period before the two-year anniversary of when they obtained CPR status.
Why is the New Policy Being Implemented?
USCIS believes that this new policy 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.
Who Should File Form I-751?
If you are a conditional resident and received your Green Card through marriage, you must file Form I-751 to remove conditions on residence with USCIS within the 90-day period before your conditional Green Card expires.
How Can We Help
Immigration attorney Luis Ruiz has a proven track record of helping his clients get the immigration benefits they need. If you are a conditional resident who has questions about how this new policy may impact you, we can help.