Update on Implications of New Form I-751 Interview Policy

On November 30, 2018, USCIS issued a policy memorandum that, in essence, made it much more likely that petitioners would be interviewed in relation to pending Form I-751, Petition to Remove Conditions on Residence.  We originally wrote on that topic in December 2018.

Since that time, AILA has undertaken more extensive analysis of the policy memorandum and noted additional implications of the revision.  First, an interview is almost certainly going to be required if the applicant’s green card was received after an interview overseas, and not with USCIS.  Also, there is likely to be a general uptick in interviews even for those who have previously been interviewed by USCIS, as the new guidance requires an interview unless there “is no indication of fraud or misrepresentation.”  “No indication” represents a higher threshold than the previous language, which was that there be “no evidence.”  In sum, USCIS needs very little to require an interview, and most applicants should assume that an interview will be required.

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