USCIS has recently updated their Policy Manual to clarify the factors that they will consider to waive the interview for the I-751. The I-751 is the form that a couple (or individual) files to remove the conditions of their green card. If you have filed anything with USCIS recently, you know that processing times are extraordinarily long. It's not uncommon for USCIS to take two years to review an I-751 filing.

One aspect of the I-751 process that takes additional time is USCIS interviewing the couple (or individual). USCIS is making strides to improve their processing times across various case types. As part of this backlog reduction effort, USCIS has clarified the factors they will consider in possibly waiving the interview requirement for the I-751:

• If the I-751 filing contains sufficient documentation to establish that the marriage is a true relationship and not just for purposes of a green card;
• If there is sufficient evidence in the record of the foreign national's eligibility for a waiver of the joint filing requirement, if applicable (meaning if they are filing without their spouse);
• If there is no indication of fraud or misrepresentation on the Form I-751, in the supporting documentation, or elsewhere in the record;
• If there are no complex facts or issues that require an interview or sworn statement to resolve questions or concerns; and
• If there are no criminal issues that could make the foreign national removeable.

What does this mean for you?

If you are required to file the I-751 petition to remove the conditions, USCIS should at least consider waiving the interview. To increase the chances of your interview being waived, you should make sure that your I-751 petition is carefully and thoroughly prepared and documented. In addition, we hope that with USCIS waiving some interviews, they will be able to work through these cases faster, making the processing time shorter. Time will tell, but hope springs eternal!

We are immigration lawyers located in Richmond, VA but we serve clients throughout the U.S. and around the world. Contact us today to get started or to learn more about our services! You can call us at 804-396-3412 or send us an email to info@sumnerimmigration.com.