USCIS has updated its policy to follow a risk-based approach when waiving interviews for conditional permanent residents (CPR) who have submitted a petition to remove the constraints on their permanent residence status.
New criteria will inform USCIS officials on whether to waive interviews for CPRs who submitted a Form I-751, Petition to Remove Conditions on Residence, which goes into effect immediately. This amendment replaces earlier agency advice that required all CPRs who earned CPR status through consular processing to undertake an interview.
“Implementing a risk-based strategic approach to the CPR-interview process will increase efficiencies that improve processing times, allow for a better use of agency staffing resources, and help reduce the pending caseload while still maintaining procedures to identify fraud and protect national security,” said USCIS Director Ur M. Jaddou. “This update is consistent with agency priorities to break down barriers in the immigration system, eliminate undue burdens on those seeking benefits, and effectively respond to stakeholder feedback and public concerns.”
The previous policy of requiring mandatory CPR interviews did not prove to be a good use of USCIS personnel. According to the new policy, USCIS may waive the interview requirement if an agency officer determines that there is substantial proof of the marriage’s bona fides, the combined requirement is eligible for an exemption (if applicable), there is no evidence of fraud or misrepresentation in supporting documents, there are no complex facts or issues to fix, and there is no criminal background that would render the CPR removable.
A noncitizen who achieves permanent resident status based on a marriage that commenced less than two years before the date of application earns conditional permanent resident status for two years. In order to eliminate the constraints on their permanent resident status, family-based CPRs must complete a Form I-751 within 90 days of the two-year anniversary of their CPR status.
