The U.S. Citizenship and Immigration Services (USCIS) has implemented a risk-based approach to waive interviews for conditional permanent residents (CPR) status who have filed a petition to remove conditions on residence (form I-751). Also, this replaces the previous policy, which mandated interviews for virtually all CPRs who obtained such status through consular processing.
Background on CPR Status
A foreign national who gets permanent resident status based on a marriage to a U.S. resident that happened less than two years before acquiring that status will receive conditional (i.e., temporary) resident status valid for two years. To eliminate the condition and become a lawful permanent resident (LPR). The individual normally must file a Form I-751 within the 90-day period before the two-year anniversary of getting CPR status.
Updated USCIS Policy of Using a Risk-Based Approach
USCIS officials currently are being granted discretion to waive in-person interviews of CPRs utilizing a risk-based approach. Under this new policy, an official might waive the interview if ALL of the following requirements are met:
- There is adequate proof of the bona fides of the marriage.
- The joint-filing requirement is eligible for a waiver (if applicable).
- There is no sign of fraud or misrepresentation in supporting documents.
- Also, there are no complex facts or issues to resolve.
- There is no criminal history that would render the CPR removable.
It is still discretionary on the part of the USCIS as to whether certain CPR interviews are waived utilizing the above risk-based approach. Hopefully, the updated policy will help reduce the processing times at the USCIS. As well as unnecessary burdens on petitioners and applicants for immigration benefits.