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Vitran

ROC might seriously take way less by this new policy memorandum

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If it is true, i think it will help increase speed of ROC, what do you think?

 

USCIS has issued a policy memorandum (PDF, 115 KB) (PM) providing guidance to USCIS officers on when to consider waiving the interview requirement for Form I-751, Petition to Remove Conditions on Residence. This PM goes into effect on December 10, 2018 and applies to all Form I-751 petitions received on or after December 10.

Generally, USCIS officers must interview a conditional permanent resident who is the principal petitioner on a Form I-751, unless the interview is waived. This guidance explains that officers may consider waiving an interview if they are satisfied that:

  • They can make a decision based on the record because it contains sufficient evidence about the bona fides of the marriage and that the marriage was not entered into in order to evade U.S. immigration laws;
  • For Form I-751 cases received on or after December 10, 2018, USCIS has previously interviewed the principal petitioner;
  • There is no indication of fraud or misrepresentation in the Form I-751 or the supporting documentation; and
  • There are no complex facts or issues that require an interview to resolve.

 When determining whether to waive an interview, these considerations apply regardless of whether the Form I-751 is filed as a joint petition or as a waiver of the joint filing requirement.

This PM applies to all USCIS officers adjudicating Form I-751 and fully replaces the June 24, 2005, PM, “Revised Interview Waiver Criteria for Form I-751, Petition to Remove the Conditions on Residence.

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1 hour ago, Vitran said:

If it is true, i think it will help increase speed of ROC, what do you think?

 

USCIS has issued a policy memorandum (PDF, 115 KB) (PM) providing guidance to USCIS officers on when to consider waiving the interview requirement for Form I-751, Petition to Remove Conditions on Residence. This PM goes into effect on December 10, 2018 and applies to all Form I-751 petitions received on or after December 10.

Generally, USCIS officers must interview a conditional permanent resident who is the principal petitioner on a Form I-751, unless the interview is waived. This guidance explains that officers may consider waiving an interview if they are satisfied that:

  • They can make a decision based on the record because it contains sufficient evidence about the bona fides of the marriage and that the marriage was not entered into in order to evade U.S. immigration laws;
  • For Form I-751 cases received on or after December 10, 2018, USCIS has previously interviewed the principal petitioner;
  • There is no indication of fraud or misrepresentation in the Form I-751 or the supporting documentation; and
  • There are no complex facts or issues that require an interview to resolve.

 When determining whether to waive an interview, these considerations apply regardless of whether the Form I-751 is filed as a joint petition or as a waiver of the joint filing requirement.

This PM applies to all USCIS officers adjudicating Form I-751 and fully replaces the June 24, 2005, PM, “Revised Interview Waiver Criteria for Form I-751, Petition to Remove the Conditions on Residence.

Overall yes it will speed things up. This has been the policy for years now but they changed it a few years back and I guess they are changing it back now. 

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14 hours ago, Vitran said:

If it is true, i think it will help increase speed of ROC, what do you think?

 

 

Yes and No. 

 

Yes- This will expedite process in service center in a way that they no longer have to assign random cases to interviews that are typically 20% of all cases. Depending on fraud level, there are specific quotas that must be sent to local service. For instance, if it is determined that a case is fraud level A, which is the least likely fraud, then they randomly select the interview cases (I am not sure how they randomly select, but I would assume computer generated way would be used) for all cases labeled as level A. If I remember correctly, I believe 5-10% cases of fraud level A will be randomly selected for in-person interview at local USCIS. Then there is fraud level B, which stands for that there are some missing documentations that might indicate some reasonable suspicion. Level B has also random selection of in-person interview. Lastly, there is level C, which has significant missing documentations or critical evidences that the case is highly likely to be fraud, in which case it is automatically sent to in-person interview at local USCIS. 

 

So I guess this new policy memorandum somehow kills the bottleneck process for level A fraud cases by exempting the in-person interviews. 

 

However, there is No

 

No- the policy memorandum fails to specify what it means by "sufficient evidence". In other words, depending on who grades case fraud levels, which is typically seasoned ISO with +5 years of experiences, it changes. In general, compared to general publics of US population, USCIS ISOs have highly conservative values when it comes to definition of marriage like "pre-modern marriage" , given that they have often military background and their work ethics are 9-5 pm from Mon thru Fri day. (Not to mention, US is one of the conservative countries in culture due to influence of puritan heritage if US being compared to European countries)

 

Today's world, the marriage has tons of different definition depending on person, and quiet frankly, I have many USC friends who live apart due to their professions, but to USCIS's eyes, they are nothing more than fraud level B, no matter how much the documentations attempted to prove the bona fide nature of marriage. (If your physical addresses are different, your fraud level is automatic B, and higher percentage of cases are randomly selected for in-person interviews than fraud level A). Are they fraud? No, not necessarily, and frankly, my USC friends who are married but lived in separated city, they are very in love, but they just have to live apart for their professions or pursuing education, and it would be unfair if they experience inconvienience such as I 751.

 

So because this policy guideline did not establish what would constitute bona fide marriage and what's not, which leaves higher margin of differences depending on who performs initial review and what fraud level the case would be graded, your I 751 cases, it does not necessarily mean the policy guideline will not really reduce the processing time. 

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There is a bigger thread in the General Immigration Discussion Forum discussing this topic.


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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