Wed. Jun 29th, 2022

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Interview Waivers for Certain Conditional Permanent Residents

2 min read
H-1B Visa Processing

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.

[Is the H-1B Visa a Viable Option for F-1 Students and Their Employers Anymore?]

Conclusion

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.

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