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Removal of Conditions - Marriage Based - Frequently Asked Questions


Can I request for a waiver of the personal interview requirement for joint petitioners filing for Removal of Conditions?

Yes, the director of the regional service center where you file your petition has the discretion to waive the interview requirement. The director will review the petition to determine whether an interview is required.

  • If the director is satisfied based on the written petition that your marriage was not entered into in order to obtain immigration benefits, the director may waive the interview requirement and approve the petition
  • If the director is not satisfied of the validity of your marriage based on the petition, the director will forward the petition to the district office to conduct an interview

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How can I appeal a denial of my Removal of Conditions petition?

If your Form I-751 is denied by the USCIS you will receive a notice explaining the reasons for the denail. you will also be placed in removal proceedings and your file will be referred to an Immigration Judge. During the removal proceedings you will have an opportunity to present your case to the Immigration Judge. The USCIS must prove tha the facts in your application were untruthful and/or that your application was properly denied. The Immigration Judge can grant your application, removing the conditions and restoring your permanent residence, or he can deny it and order you removed. If the Immigration Judge denies your application you may appeal that decision to the Board of Immigration Appeals. A brief explanation may be filed in support of your appeal. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C.

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