Chapter 3 - Petition to Remove Conditions on Residence

A conditional permanent resident (CPR) is required to meet certain criteria in order to remove the conditions on permanent residence.^[1] In order to request removal of conditions, the CPR must file a Petition to Remove Conditions on Residence (Form I-751).

A. Establishing a Bona Fide Marriage [Reserved]

[Reserved]

B. Basis for Filing [Reserved]

[Reserved]

C. Filing Requirements [Reserved]

[Reserved]

D. Overseas on Military or Government Orders [Reserved]

[Reserved]

E. CPRs with Pending Naturalization Applications [Reserved]

[Reserved]

F. Standard of Proof [Reserved]

[Reserved]

G. Interview

CPRs who file a Form I-751 must appear for an interview at a USCIS field office, unless USCIS waives the interview requirement.^[2] USCIS officers may consider waiving the interview in cases where:

• The officer considers they can make a decision on the petition based on the record because the record contains sufficient evidence about the bona fides of the marriage and that the marriage was not entered into for the purpose of evading the immigration laws of the United States;
• There is sufficient evidence in the record of the CPR’s eligibility for waiver of the joint filing requirement, if applicable;
• There is no indication of fraud or misrepresentation on the Form I-751, in the supporting documentation, or elsewhere in the record;
• There are no complex facts or issues that require an interview or sworn statement to resolve questions or concerns; and
• There are no criminal bars rendering the CPR removable.

When determining whether to waive an interview, the considerations listed above apply regardless of whether the Form I-751 is filed as a joint petition, individual filing request, or a waiver. For a joint petition, the statute requires USCIS to interview both the CPR and petitioning spouse.^[3] If the CPR is filing an individual filing request or waiver, only the CPR must appear for the interview.^[4]

If the required party or parties fail to appear for the interview, USCIS denies the Form I-751, terminates the CPR’s status, and initiates removal proceedings, unless the CPR establishes good cause for the failure to appear and USCIS reschedules the interview.^[5] USCIS determines whether there is good cause on a case-by-case basis.

H. Rebuttal of Derogatory Information [Reserved]

[Reserved]

I. Suspected Fraud [Reserved]

[Reserved]

Footnotes

[^ 1] See INA 216. See 8 CFR 216.

[^ 2] See INA 216(d)(3). See 8 CFR 216.4(b)(1).

[^ 3] If the petitioning spouse is not deceased. See INA 216(c)(1)(B).

[^ 4] See INA 216(c)(1)(B). See 8 CFR 216.5(d).

[^ 5] See 8 CFR 216.5(d). See 8 CFR 216.4(b)(3).