U.S. Citizenship and Immigration Services (USCIS) has introduced a new requirement that affects many spouses of U.S. citizens and green card holders (permanent residents). As of December 10, 2018, USCIS announced that most “conditional” permanent residents must now attend an in-person interview as part of the process to remove the conditions on their green card and apply for a permanent one. This is a change from the previous policy, which only required interviews in specific situations where additional information was needed.
If you’re a conditional permanent resident and you’re approaching the end of your two-year green card period, it’s crucial to understand how this change could impact your application. Keep reading for everything you need to know about the new rule and how it may affect your path to a permanent green card.
The Bottom Line:
This new interview requirement makes it even more important to file a complete and accurate marriage-based green card application the first time. By doing so, you can avoid the need to prove your marriage is genuine again when you apply for a permanent green card after two years. If you’re unsure about the process, you can get professional help from Law and Visas, which offers affordable support with an experienced immigration attorney who will review your application and guide you through the process.
What is a “Conditional” Permanent Resident?
A “conditional” permanent resident is someone who has been granted a green card based on marriage but has been married for less than two years at the time of approval. The green card issued in these cases is valid for only two years. The reason for this is to prevent fraudulent marriages, where couples marry just to obtain a green card, only to divorce soon after.
Before the conditional green card expires, the individual must apply to “remove the conditions” and receive a permanent green card. This involves filing Form I-751 and providing evidence that the marriage is genuine. If you’re unsure how to navigate this process, we recommend checking out our detailed guide to conditional permanent residence.
What Was the Old Policy?
Under the previous policy, which had been in place since 2005, most conditional green card holders did not have to attend an in-person interview when applying for a permanent green card. An interview would only be scheduled if USCIS found issues with the evidence provided, such as concerns about the legitimacy of the marriage.
USCIS officers could also request missing information through a formal Request for Evidence (RFE) rather than requiring an interview.
What Changed Under the New Policy?
As of December 10, 2018, USCIS reversed its policy. The new rule states that an in-person interview is generally required for all conditional permanent residents applying for a permanent green card. USCIS may waive the interview requirement only in certain circumstances, including:
- If there is enough evidence already showing that the marriage is real and not for the purpose of getting a green card.
- If there is no indication of fraud or misrepresentation in the application.
- If there are no complex issues that would require an interview to resolve.
- If the conditional permanent resident was already interviewed when initially applying for a green card.
Who Does This Policy Affect?
This new policy primarily impacts individuals who were granted a conditional green card based on a marriage that lasted less than two years at the time of approval. Here’s how it affects you:
- If you were married for more than two years when your marriage-based green card was approved, you already have a permanent green card and do not need to file Form I-751. The new interview requirement doesn’t affect you.
- If you were married for less than two years when your green card was approved and you file Form I-751 on or after December 10, 2018, you will likely need to attend an in-person interview to prove the authenticity of your marriage once again. This applies if you applied for your green card from outside the United States and were not previously interviewed by USCIS. If you applied for a green card from within the U.S. and were already interviewed, there may be a chance you won’t need another interview, but it’s safer to expect one.
In Fiscal Year 2017 alone, more than 166,000 Form I-751 applications were filed, which means USCIS could see a significant increase in interview requests under the new policy. This may lead to delays in other types of applications, such as new green cards and U.S. citizenship.
How Does This Change Affect You?
The most significant impact of this change is on the preparation of your Form I-751, the application to remove the conditions on your green card. It’s now more critical than ever to complete the form correctly and submit all necessary documentation. This includes:
- Ensuring that the form is signed by both you and your sponsoring spouse (if filing jointly).
- Submitting all required evidence that proves your marriage is genuine, such as joint bank statements, proof of living together, and photos together over the years.
If you submit a complete and accurate I-751 form, and you were already interviewed when you first applied for your green card, there’s a possibility that you won’t need another interview. However, you should not rely on this—preparing for an interview is a wise move.
What Happens If USCIS Denies My Form I-751?
If USCIS denies your Form I-751 application, it means that you failed to meet the requirements to remove the conditions on your green card. In this case, you would lose your status as a conditional permanent resident and would receive a Notice to Appear (NTA) in immigration court. The NTA is the first step in the deportation process.
While this may sound serious, USCIS must extend your conditional resident status while an immigration judge reviews your case. You also have the right to appeal the denial by asking the immigration judge to reconsider your case based on the evidence you provided. Keep in mind that you cannot submit new evidence at this stage.
How Do I Get Legal Help if My Form I-751 is Denied?
If you receive an NTA due to a denied Form I-751, you should consult with an immigration lawyer as soon as possible. Handling deportation proceedings requires expert legal help, especially if you’re facing removal from the country.
The American Immigration Lawyers Association (AILA) can help you find a qualified immigration attorney near you, or you may choose to consult a nonprofit organization that offers low-cost or free immigration legal services, accredited by the U.S. Department of Justice.
The new interview requirement for spouses of U.S. citizens and green card holders adds an extra layer of complexity to the green card process. It’s now more important than ever to file a complete and accurate Form I-751 to ensure a smooth transition from conditional to permanent resident status.
If you’re unsure about the process or need assistance with your green card application, Law and Visas is here to help. Our experienced immigration attorneys can guide you through the process, answer your questions, and help ensure your application is as strong as possible.
