Changes in policy may mean one less hurdle for those seeking a green card through marriage.

Published in a November 30, 2018 policy memo by the US Citizenship and Immigration Services (USCIS), there is new discretion given to Officers about marriage interviews. The policy memo empowers USCIS Officers to waiver the required marriage interview for those seeking permanent residents status. Previously it was standard that petitioners looking to get a green card by way of marriage to a US Citizen must submit to a marriage interview to review the credibility of that marriage. Without this interview the foreign national seeking permanent status would lose their conditional residency after two years.

This update in policy allows a person seeking a change in status to get that classification without an interview if they can provide other evidence of a bona fide marriage. The objective of this change is to speed up the immigration process for those clearly in a genuine relationship. The factors USCIS Officer may consider when deciding whether or not to waive the interview requirement include: there is no indication of fraud or misrepresentation in the I-751 form or supporting documents; there are no complex facts or issues that require an interview to resolve concerns; and the petitioners have been interviewed previously by USCIS.

In this new memo there are clear situations where an interview will still be required. Those cases involving: Petitioner/Spouse living outside the United States and if the petitioner was previously improperly classified. The decision to interview remains in the solely in judgment of the USCIS Officer and there is no circumstance were an officer is mandated not interview.

If you or a spouse is seeking permanent residency in America, please enlist the Law Offices of George U. Aigbe to assist throughout that process.

“Advocacy the right way, the Law Offices of George U. Aigbe”