Revised USCIS Interview Waiver Guidance: Form I-751, Petition to Remove Conditions on Residence (10-
The new policy memorandum titled "Revised Interview Waiver Guidance for Form I-751, Petition to Remove Conditions on Residence” went into effect on December 10, 2018. This policy memorandum covers new conditions regarding the interview requirement for Form I-751 applying to all I-751 petitions that were submitted to USCIS on or after December 10, 2018. The new memorandum overrules the 2005 guidance where USCIS officers were previously informed to only schedule interviews for Form I-751 when there is lacking evidence of the bona fides of the marriage or not enough evidence for a waiver. Based on the new policy memorandum, a waiver may be provided to an applicant if all of the following conditions have been met:
If there are no misunderstood facts of an application where an interview is necessary to resolve the issues
If the marriage at hand was not entered for immigration benefit purposes and there is sufficient evidence proving this
An applicant whose Form I-751 was received after December 10, 2018, has already been interviewed
There is no fraud in the application and all materials are sufficient
The memorandum states that "generally, USCIS will not have interviewed I-751 petitioners with the following codes of admission: CR1, CR2, C21, C22, C23, CX1, CX2, and CX3.” These individuals have a visa that was granted overseas with approval by the United States, therefore any petition will include an interview requirement. Individuals who process in the United States may have to conduct in-person interviews to bypass any misrepresentation or fraud. Individuals who have visas granted by the U.S Consulate and have never been interviewed, should be aware that they will have to attend an interview a joint filed I-751 and an I-751 waiver petition. I-751 petitions are currently facing processing delays with wait times from 12-18 months.
If you have any questions regarding interviews for Form I-751, please contact Attorney Nicholas J. Mireles, Esq. at Attorney@loonjm.com.