USCIS Issues Policy Memorandum for Form I-751

December 19, 2018

At the end of November, the U.S. Citizenship and Immigration Services issued a policy memorandum (PM) that revises interview waiver guidance for Form I-751. This PM went into effect December 10, 2018, and applies to all Form I-761s received on or after that date.

Form I-751, Petition to Remove Conditions on Residence, is used by a conditional permanent resident who has obtained status through marriage and is seeking to remove the conditions on his or her permanent resident status. This PM applies to the USCIS officers adjudicating Form I-751.

Additionally, USCIS stated this new PM will fully supersede its June 24, 2005, PM that also pertained to Form I-751.

In most instances, USCIS officers need to interview the conditional permanent resident who has obtained lawful permanent resident status, and he or she is the main petitioner on a Form I-751. But officers may waive the interview.

As such, this new PM provides guidance on when USCIS officers may consider waiving interviews. Officers may waive interviews if they determine:

  • The petitioner’s Form I-751 doesn’t indicate instances of misrepresentation or fraud on the form or supporting documentation
  • There is enough evidence about the bona fides of the marriage, and that the marriage wasn’t for the purpose of evading U.S. immigration laws
  • USCIS previously interviewed the main Form I-751 petitioner if he or she is filing on or after Dec. 10, 2018
  • There aren’t any issues or complex facts that need to be resolved via an interview

Envoy is pleased to provide you this information, which was prepared in collaboration with Amanda Bolhuis, an attorney at Global Immigration Associates, P.C.(www.giafirm.com), Envoy’s affiliated law firm.

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