As part of ongoing efforts to improve processing times, U.S. Citizenship & Immigration Services (USCIS) has implemented a risk-based approach that waives interviews for certain conditional permanent residents (CPR) applicants who filed Form I-751, Petition to Remove Conditions on Residence. Non-citizens who obtain permanent resident status based on a marriage that began less than two years prior receive their status on a conditional basis for two years. Filing Form I-751 enables these CPRs to remove the conditions on permanent resident status.
Effective immediately, this update replaces the prior agency guidance that required CPRs to undergo a mandatory interview if they obtained CPR status via consular processing. Under the new risk-based approach, USCIS may waive the interview requirement if the adjudicating officer determines that:
- The applicant generally meets the eligibility requirements;
- There is sufficient evidence of a bona fide 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.
By adopting this new risk-based approach, USCIS hopes to increase efficiency and decrease processing times. This update comes as a result of the agency's continuing efforts to better allocate staffing resources, eliminate burdens for applicants seeking benefits, and address the concerns of the public and stakeholders.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
