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US Immigration from Iran





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USCIS Revises Interview Waiver Guidance for Form I-751
7:46 am December 18, 2018

Vitran

Vitran

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3 Replies



I dont know if you guys heard the news but for those applying to remove condition after 12/10/2018 as follow:

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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US Citizen studying abroad, establishing domicile
9:44 pm December 16, 2018

Fereshteh

Fereshteh

Read 568 Times
6 Replies



Hey all,

I had my CR-1 interview in August and I was put in administrative processing which still continues (not unexpected, I'm Iranian).

Currently my American husband and I both live abroad because he is studying. His study abroad ends May 2019 and then we have to move to the US for him to finish the degree in the US.

We have provided proof of his continued domicile in the US, as well as all sorts of letter from school mentioning the exact period he needs to be abroad and when he needs to return to the US. The officer seemed convinced with all that.

My question is: Are they gonna issue my visa once it is ready, or are they gonna wait for my husband to actually return to the US to issue my visa? Or maybe they are gonna wait until closer to his return?

Thanks.

PS. As you know citizens of Iran are subject to an ongoing travel ban. However, due to my unique circumstances and according to the text of the ban I'm an exception. So please kindly try to answer my question focused on the domicile part. Much thanks.



 
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