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Immigration Law

USCIS Implements Risk-Based Approach for Conditional Permanent Resident Interviews

USCIS, Apr. 7, 2022 - Interview Waiver Criteria for Family-Based Conditional Permanent Residents

"Policy Highlights • Updates interview waiver criteria by providing that USCIS officers may consider waiving an interview if, generally, the applicant meets the eligibility requirements, the record contains sufficient evidence, and there is no indication of fraud, misrepresentation, criminal bars, or other factors that may require an interview. • Updates interview waiver criteria to eliminate automatic referrals for cases where a CPR obtained status via consular processing and to refer CPR cases based on risk-based criteria."

From an Apr. 7, 2022 stakeholder email: "U.S. Citizenship and Immigration Services (USCIS) today announced a policy update to adopt a risk-based approach when waiving interviews for conditional permanent residents (CPR) who have filed a petition to remove the conditions on their permanent resident status.

Effective immediately, new criteria will guide USCIS officers on when to waive interviews for CPRs who filed a Form I-751, Petition to Remove Conditions on Residence. This update replaces previous agency guidance that required all CPRs to undergo an interview if they obtained CPR status via 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.”

Prior policy requiring mandatory CPR interviews did not prove to be an efficient use of USCIS staffing resources. Under this policy update, USCIS may waive the interview requirement if the agency officer determines 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 in supporting documents, there are no complex facts or issues to resolve, and there is no criminal history that would render the CPR removable."