USCIS’s Policy Memorandum on ‘Revised Interview Waiver Guidance for Form I-751, Petition to Remove Conditions on Residence” went into effect on Dec. 10, 2018. The memorandum fully replaces the June 24, 2005, “Revised Interview Waiver Criteria for Form I-751, Petition to Remove the Conditions on Residence.” These guidelines apply to I-751 cases filed as a joint petition or as a waiver of the joint filing requirement. Per the new memorandum, an officer may consider waiving an interview if they are satisfied that:
- They can make a decision because the record contains sufficient evidence about the bona fides of the marriage (that the marriage was not entered into in order to evade U.S. immigration laws);
- USCIS has previously interviewed the principal petitioner (for forms filed on or after Dec. 10, 2018);
- 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.
For more on USCIS Policy Memorandums, click here.