Effective immediately, USCIS will use a risk-based approach to determine which Form I-751, Petition to Remove Conditions on Residence will require an interview. This update replaces previous agency guidance that required all conditional residents to undergo an interview if they obtained conditional resident status through consular processing. We discuss this update below.
What is a USCIS Form I-751, Petition to Remove Conditions on Residence?
If you obtained your green card (US permanent residence) through marriage to a US Citizen within your first two (2) years of marriage, you will receive conditional permanent resident status for two (2) years. To remove the conditions on permanent resident status, and obtain a permanent ten (10) year green card, you must file a Form I-751 within the 90-day period before the two-year anniversary of when you received your green card.
When will an interview be waived for a Form I-751 Removal of Conditions on Residence Petition?
USCIS may waive the interview requirement for Form I-751, Petition to Remove Conditions on Residence if:
- They determine there is sufficient evidence in support of the marriage
- There is no indication of fraud or misrepresentation in the supporting documents
- There are no complex facts or issues to resolve, and
- There is no criminal history that would render the conditional resident removable
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