The USCIS is changing one of their policies this week as it relates to conditional permanent residents (CPRs). As you may know, CPRs are individuals who have come to the United States and have received a conditional 2 year green card because they have married a U.S. citizen. Conditional permanent resident status requires that all conditional residents remove the “conditionality” attached to their green card. This is done through the filing of the I-751 form which can be found on the USCIS website.
Along with filing the I-751 form and paying the filing fee, applicants who wish to remove their conditional status in the United States and receive a 10-year green card usually need to be interviewed at a USCIS field office. However, the USCIS is changing their policy for who needs to be interviewed now, citing that a risk-based approach will now be the means to determine if someone actually needs to attend an interview.
Risk-Based Approach
Effective on April 7th, the USCIS has determined that it is not necessary to interview every single applicant who is having their I-751 adjudicated by a USCIS officer. In this respect, many factors will be weighed, including the following, to determine if a CPR absolutely needs to have an interview:
1. The burden of proof that the applicant is in a bona fide marriage.
2. There is no evidence supporting fraud or misrepresentation in supporting documents.
3. There are no other complex or difficult issues that need solving.
4. There is no criminal history since the CPR has been present in the United States (or on record).
The USCIS will now waive interviews for CPR applicants who have a clean file, based on the discretion of the USCIS officer in charge of the case. The Director of the USCIS has said that this new measure is being implemented to create efficiencies within the immigration system and also to eliminate unnecessary burdens for those who are seeking benefits.
Although this new policy has been put into effect, it does not mean that all CPRs will now have their interviews waived. It is still possible for CPRs who did not provide enough information on their I-751, or have missing information, to be called into a USCIS field office for an interview.
