U.S. Citizenship and Immigration Services (USCIS) implemented a risk-based approach when waiving interviews for conditional permanent residents who filed Form I-751, petition to remove the conditions on their permanent resident status. Previous USCIS guidance required all conditional permanent residents to undergo an interview if they obtained their status by consular processing. Under the new criteria, the interview requirement may be waived if the officer determines the following:
- 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 conditional permanent resident removable.
The policy update, effective April 7, 2022, aims to increase efficiencies that improve processing times, allow for better use of USCIS’ resources, and help reduce the pending caseload.