Immigrants seeking permanent green cards through marriage may have one less hurdle (merged)

[dwheels76 5,468]

USCIS has issued a policy memorandum (PDF, 115 KB) (PM) providing guidance to USCIS officers on when to consider waiving the interview requirement for Form I-751, Petition to Remove Conditions on Residence. This PM goes into effect on December 10, 2018 and applies to all Form I-751 petitions received on or after December 10.

Generally, USCIS officers must interview a conditional permanent resident who is the principal petitioner on a Form I-751, unless the interview is waived. This guidance explains that officers may consider waiving an interview if they are satisfied that:

• They can make a decision based on the record because it contains sufficient evidence about the bona fides of the marriage and that the marriage was not entered into in order to evade U.S. immigration laws;
• For Form I-751 cases received on or after December 10, 2018, USCIS has previously interviewed the principal petitioner;
• There is no indication of fraud or misrepresentation in the Form I-751 or the supporting documentation; and
• There are no complex facts or issues that require an interview to resolve.

When determining whether to waive an interview, these considerations apply regardless of whether the Form I-751 is filed as a joint petition or as a waiver of the joint filing requirement.

This PM applies to all USCIS officers adjudicating Form I-751 and fully replaces the June 24, 2005, PM, “Revised Interview Waiver Criteria for Form I-751, Petition to Remove the Conditions on Residence.”

[yippy_j 17]

Does it also mean for people apply before that date, we can expect faster processing time?

[Crazy Cat 41,845]

This sounds great to me.  Is this significantly different from previous procedures?

[dwheels76 5,468]

1 hour ago, missileman said:

This sounds great to me.  Is this significantly different from previous procedures?

Basically they are saying if you look good no need for interview. If your evidence is good and strong you don't need an interview.

[dwheels76 5,468]

2 hours ago, yippy_j said:

Does it also mean for people apply before that date, we can expect faster processing time?

No it says going forward but honestly I believe this has always been their policy. I know many people who didn't get called in for interview. I did our petition package robust with evidence so we won't have one either.

 

But faster I doubt since it's taking 15 months just to get to our cases. They need more workers not more policies.

[Crazy Cat 41,845]

Just now, dwheels76 said:

No it says going forward but honestly I believe this has always been their policy.

That's what I thought also........but reading this one, it says if the petitioner is a LPR.........is that different from previous policy?

[changbaihou 125]

Does this mean that they will increase the interview percentage in the future?

[geowrian 22,337]

The only change with real substance here (that I can see) is that it was previously not too rare to have both an AOS and ROC interview waived for K-1 applicants. It sounds like the general rule will be that they would need to interview for at least one of them.

[ConiMoni 11]

22 minutes ago, geowrian said:

The only change with real substance here (that I can see) is that it was previously not too rare to have both an AOS and ROC interview waived for K-1 applicants. It sounds like the general rule will be that they would need to interview for at least one of them.

I agree, but what about CR1 (I-130) applicants they dont have to go through AOS but just ROC. K1 (I-129) has to go throught both of them. 

 

Keep in mind both K1 and CR1 has to go through an interview at a consulate or embassy in their home country.

 

So i assume this affects both CR1 and K1cases.

[geowrian 22,337]

41 minutes ago, ConiMoni said:

I agree, but what about CR1 (I-130) applicants they dont have to go through AOS but just ROC. K1 (I-129) has to go throught both of them.

True. The ROC petitioner ( the LPR) would not have been interviewed by USCIS. As such, they would not meet the general guidelines for a waiver.

[Venus201320 143]

17 minutes ago, geowrian said:

True. The ROC petitioner ( the LPR) would not have been interviewed by USCIS. As such, they would not meet the general guidelines for a waiver.

I was interviewed for AOS but now im in the process for ROC. Does that mean I might not get interviewed? My case was accepted on

12/03/2018

[geowrian 22,337]

Just now, Venus201320 said:

I was interviewed for AOS but now im in the process for ROC. Does that mean I might not get interviewed? My case was accepted on

12/03/2018

Correct. It might be waived.

[Venus201320 143]

17 minutes ago, geowrian said:

Correct. It might be waived.

That would be awesome. O but it only applies to applicants on or after 12/10/2018. Mines was accepted on 12/03/2018......I missed it by a couple of days 😞

[geowrian 22,337]

12 minutes ago, Venus201320 said:

That would be awesome. O but it only applies to applicants on or after 12/10/2018. Mines was accepted on 12/03/2018......I missed it by a couple of days 😞

The previous policy was more lax, but the gist is you fall into the possible waiver category  (assuming the other criteria are met).

[Venus201320 143]

2 minutes ago, geowrian said:

The previous policy was more lax, but the gist is you fall into the possible waiver category  (assuming the other criteria are met).

Ooooo ok I see. Well hopefully I get waived for the interview. Lol ☺️