December 4, 2023

Immigration Marriage

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Immigration Services updates Green Card requirements to waive certain interviews

TOPEKA, Kan. (WIBW) – U.S. Citizenship and Immigration Services has updated requirements for those who hold a conditional Green Card to waive certain interviews in order to make more efficient use of staffing resources.

U.S. Citizenship and Immigration Services says on Thursday, April 7, it adopted a risk-based approach policy when interviews are waived for conditional permanent residents who have filed a petition to remove the conditions on their permanent resident status.

USCIS notes conditional permanent residents get a Green Card valid for two years and to remove the conditions they must file a petition within 90-days before their conditional Green Card expires. If conditions remain, it said conditional residents will lose permanent resident status and will be able to be deported.

Effective Immediately, the Service said new criteria will guide officers on when to waive interviews for CPRS who have filed a Form I-751, Petition to Remove Conditions on Residence. It said the update replaces previous guidance which required all CPRs to undergo an interview if they obtained SPR status through consular processing.

“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.”

USCIS noted previous requirements mandated CPR interviews which proved to not be an efficient use of staffing resources.

Under the policy update, USCIS may waive the interview requirement if the agency officer decides there is enough evidence about the bona fides of the marriage, the joint-filing requirement is eligible for waiver, there is no indication of fraud or misrepresentation in supporting documents, there are no complex facts or issues to resolve and there is no criminal history that would render the individual deportable.

The Service said an individual who is not a resident and obtains permanent resident status based on a marriage that started less than 2 years before they got the status, will receive permanent residents status on a conditional basis for 2 years.

For more information about USCIS and its programs, click HERE.

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