Conditions on client's permanent resident status removed after approval of waiver of the joint filing requirement.

Our office is pleased to have assisted our client, a victim of abuse, remove the conditions on her residency.

Client was admitted to the U.S. on a tourist visa in 2013. She married a U.S. citizen and adjusted her status to that of a conditional permanent resident later that year. When an individual receives permanent residence based on a marriage less than two years old, the permanent residence is “conditional” and lasts only two years. Normally, at the end of the two years, the couple would then petition together to have the condition removed.

In the case of our client, she was unable to petition with her husband because she was the victim of his physical and emotional abuse. The U.S. citizen refused to petition with her and held her conditional status over her head. On many occasions he threatened to have her removed from the United States unless she followed his rules. Client, however, has two U.S. citizen children and wanted to remain in the United States to raise them. After speaking with our client, we determined that she was eligible to file an I-751 Wavier of Joint Petition to Remove the Conditions of Residence.

In order to file a request for a Waiver of Joint Petition, we submitted evidence that showed client: (1) was granted conditional permanent residence status through marriage to a U.S. citizen; (2) entered her marriage in good faith and was still married; and (3) was battered or subjected to extreme cruelty by her U.S. citizen spouse.

If you are a conditional permanent resident and a victim of abuse, you do not need to remain in a life-threatening situation to preserve your immigration status. As outlined above, immigration law has certain exceptions to filing requirements in order to protect vulnerable conditional permanent residents.

For more information about removing the conditions on your permanent resident status, please call our office at (716) 565-6270 or email us at nmurchie@murchielaw.com.