USCIS explained who and how can remove the conditionality from the green card without passing an interview - ForumDaily
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USCIS explained who and how can remove the conditionality from the green card without passing an interview

The United States Citizenship and Immigration Services (USCIS) has announced an update to one of its rules. Now agency officers will be able to decide whether the applicant needs to undergo an interview, which was previously mandatory.

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USCIS staff, based on the criteria issued by them, will be able to decide whether a conditional green card (CPR) holder needs to be interviewed if their applications were processed outside the United States. The change concerns petitioners filing I-751 form (petition to remove the conditions for permanent residence).

This update replaces previous agency guidance that required all CPR applicants to be interviewed.

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“Implementing a strategic, risk-based approach will increase efficiency, reduce processing time, allow for better utilization of the agency’s human resources, and help reduce pending cases while maintaining procedures to detect fraud and protect national security,” said USCIS Director Ur Jaddu. "This update is in line with the agency's priorities for removing barriers to the immigration system."

According to the agency, the mandatory interview rule has not been proven to be effective and does not justify the need to use human resources.

Under the new rule, USCIS may waive the interview requirement if the officer determines that there is sufficient evidence of good faith marriage, no evidence of fraud or misrepresentation in the supporting documents, no facts or issues to be resolved, and the applicant has no criminal record.

A non-citizen who has acquired permanent resident status on the basis of a marriage entered into less than two years prior to receiving this status receives status as a permanent resident on a conditional basis for a period of two years. To waive the conditions of permanent resident status, you must file Form I-751 within the 90-day period prior to the two-year anniversary of your CPR status.

How contingent residents can avoid an interview

USCIS determines the need for an I-751 interview, and USCIS has the right to refuse the interview. But there are details you can do to greatly improve your chances of avoiding it.

Submit a well-prepared petition

Remember that the purpose of conditional residence is to prove that you entered into a marriage with the sincere intention of staying married. If there is insufficient evidence of a bona fide marriage or there are circumstances that raise questions about your marriage, USCIS is more likely to schedule an interview.

Provide compelling evidence that the marriage is bona fide

Gather evidence to show that the marriage that gave you conditional status was in “good faith” and not to circumvent immigration laws. Provide copies of as many documents as possible to establish this fact and show the circumstances of the relationship from the date of marriage to the present date, as well as show any circumstances related to the end of the relationship, if any.

Supporting documents may include, but are not limited to, the following examples:

  • Birth certificate of the child (children) born in marriage.
  • Lease or mortgage agreements that show you are living together or owning a common home.
  • Financial statements showing joint ownership of assets and joint liability for liabilities, such as joint savings and checking accounts with a history of transactions, joint credit card statements, insurance policies in which the other spouse is the beneficiary, joint federal and local tax returns, joint accounts for utilities, joint ownership of the car, other joint loans.
  • Any documents you deem important to prove that your marriage was not contracted for the purpose of evading US immigration law.
  • Sworn affidavits or confirmed by at least two people who knew both of you from the time you were granted conditional status and knew personally about your marriage and relationship.
  • 10-20 photographs of a married couple together. Examples might include wedding photography, travel, special events with family and friends, etc. (You must also manually write the location, names, and dates on the back of the photographs.)

First of all, financial and insurance records can be among the strongest evidence that you have a bona fide marriage. Joint ownership of assets and responsibility for financial obligations is a good indicator that the couple plans to stay together and build their lives.

As you can see, your best strategy for avoiding an I 751 interview is to prepare a compelling I-751 petition with hard evidence that the marriage is bona fide. After all, you want the USCIS service center to quickly approve your petition, and not send it to the local office.

How to prepare for an interview

This article assumes that you and your spouse have filed an I-751 petition and are still a married couple.

However, there are a few guidelines to consider when preparing for your I-751 interview.

Collect supporting evidence of your bona fide marriage

If you prepared a strong I-751 petition to prove the marriage was in good faith when you originally filed, you should keep a copy of these documents. Shared bank accounts, shared financial obligations, travel and wedding records, children born in the marriage all help keep your marriage going. If you have new evidence, you can take it with you to the interview (if you need it).

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Dress formally

Formal dress indicates that you are serious about your interview. Dress as if you are going to church or for a job interview.

Come to the interview early

Get to the interview location half an hour earlier than the scheduled time. Do not reschedule an interview unless absolutely necessary.

Be honest and open

The USCIS officer will most likely ask questions about how you spend your life together. For example, they might ask you how you celebrated your spouse's birthday, what foods he likes, and what kind of friends your spouse has.

The interview will likely bring up some very personal questions about your marriage. If you are a private individual or if you are from a culture where talking about relationship issues is somewhat taboo, you can prepare by talking to a friend or relative. Although this is not a complete list, some topics may not be covered at all. Here is a list of topics that you should be prepared to discuss:

  • How and where did you meet your spouse?
  • Your relationship with your spouse's family
  • Length of courtship before marriage
  • How do you spend time together?

If your I-751 petition package did not contain sufficient evidence of joint financial or insurance documents, then it is quite understandable that USCIS will ask why. If the couple does not live together, USCIS will want to know more. In many cases, couples have very reasonable explanations.

If you are honest throughout the entire process, you will have no problem answering the interviewer's questions.

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