USCIS revises interview waiver guidance for Form I-751, Petition to Remove Conditions on Residence

Original Date Announced
November 30, 2018
USCIS revises 2005 guidance on when officers may waive an interview in adjudicating Form I-751, Petition to Remove Conditions on Residence. USCIS officers may consider waiving the interview requirement if the record provides sufficient evidence that the marriage is bona fide; if they had previously interviewed the I-751 principal petitioner; if there is no indication of fraud; or if there are no complicating factors or questions that could be resolved during an interview. [ID #638]
USCIS Policy Memorandum (PM-602-0168): Revised Interview Waiver Guidance for Form I-751, Petition to Remove Conditions on Residence
Effective Date
December 10, 2018

Fully in Effect

Status: Final/Actual

Trump Administration Action: Agency Directive

Subject Matter: Immigrant Visas: Family-Based Immigrant Visas: Employment-Based

Agencies Affected: USCIS

Pre Trump-Era Policies

June 24, 2005 A 2005 memorandum governed waivers for form I-751. The prior guidance noted that interviews should be considered only when evidence to establish the legitimacy of the marriage is insufficient to establish that the purpose of the marriage was not to evade immigration laws and when evidence submitted is inconclusive and a live interview is warranted. Revised Interview Waiver Criteria for Form I-751, Petition to Remove the Conditions on Residence