USCIS Revises Interview Waiver Guidance for Form I-751 – Litwin & Smith | Immigration Lawyers

USCIS Revises Interview Waiver Guidance for Form I-751

USCIS has issued a policy memo ( PDF, 115 KB ) ( PM ) providing guidance to USCIS officers on when to consider waiving the interview requirement for Form I-751, Petition to Remove Conditions on Residence. This autopsy goes into effect on December 10, 2018 and applies to all Form I-751 petitions received on or after December 10.
Generally, USCIS officers must interview a conditional permanent resident who is the principal petitioner on a Form I-751, unless the interview is waived. This guidance explains that officers may consider waiving an consultation if they are satisfied that :

  • 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 in order to evade U.S. immigration laws;
  • For Form I-751 cases received on or after December 10, 2018, USCIS has previously interviewed the principal petitioner;
  • 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.

When determining whether to waive an interview, these considerations apply careless of whether the Form I-751 is filed as a joint request or as a release of the joint charge requirement.
This PM applies to all USCIS officers adjudicating Form I-751 and amply replaces the June 24, 2005, PM, “ Revised Interview Waiver Criteria for Form I-751, Petition to Remove the Conditions on Residence. ”
Litwin & Smith is very successful in preparing I-751 Removal of Condition filings deoxyadenosine monophosphate well as I-751 Removal of Condition filings with a Waiver of the Joint Filing Requirement. We prepare many such petitions each year. Currently, the USCIS is interviewing about 30 % of the I-751filings. Although, we can not guarantee your I-751 file will not require an interview. Our I-751 Removal of Condition filings adenine well as I-751 Removal of Condition filings with a Waiver of the Joint Filing Requirement filings are rarely interviewed. possibly that is because we prepare our filings with the interview in beware. Unlike, most firms who only prepare an I-751 file with details after they receive a Request for Evidence or Interview notification. We can ’ thymine be indisputable, but possibly it ’ south our reputation for paying attention to all the details that results in our miss of Interviews. To find out more please electronic mail or call to schedule a consultation at time convenient to you.
For original announcement please chatter here : hypertext transfer protocol : //www.uscis.gov/news/alerts/uscis-revises-interview-waiver-guidance-form-i-751

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