USCIS announced a new policy that will affect conditional permanent residents (CPR). CPRs are noncitizens who are married to US citizens for less than two years and thus only have conditional permanent residency.  Previously, all CPRs who petitioned to remove conditions on residence had to be interviewed if they obtained their conditional permanent residency through consular processing, i.e., applying for an immigrant visa at a US embassy or consulate. 

Now a USCIS officer can waive the interview requirement for such CPRs who file for petition to remove conditions on residence if the officer determines that there is sufficient evidence about:

  • The bona fides of the marriage,
  • The joint-filing requirement is eligible for a waiver (if applicable),
  • There is no indication of fraud or misrepresentation,
  • There are no complex facts or issues to resolve, and
  • There is no criminal history that would render the CPR removable.

USCIS hopes that the new policy will shorten processing times and help reduce pending case load while still ensuring ways to identify fraud and threats to national security.

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Bhatta Law & Associates team