First, let us summarize the purpose of form I-751. As mentioned above this form is meant to remove conditions on Residency giving the pathway to becoming a Permanent Resident (LPR). In simple terms, this means that anyone whose marriage is less than two (2) years old at the time of admission or adjustment of status will be considered a conditional permanent resident. It is important to keep in mind that qualifying children also receive this status. After two years the Conditional Resident can apply through Form I-751. This from requests USCIS to remove these conditions and obtain their lawful permanent resident status. If this is not done, then the person falls out of status.
Now, this memo visits the interview portion of the process. Along with the application, the applicant must submit proof of bona fide marriage and lastly await the interview date at their local USICS office. This interview allows immigration to verify the information submitted and to discover any new information. However, USCIS has the discretion of giving a decision without an interview.
Waiving the interview portion of the application will allow for applicants to receive quicker responses. This new memo has given some guidance into what USCIS should look for when waiving an interview for the applicant and their spouse. The short list includes the following:
- After review of bona fide documents contains sufficient evidence that the marriage was NOT entered based on fraud;
- For applications entered on/after December 10, 2018;
- No indication of fraud or misrepresentation in supporting documents;
- No complex facts or issues that require an interview to obtain more information;
Navigating the immigration laws and everyday changes can be difficult. It is always important to consult with a trustworthy attorney before submitting documents to USCIS.