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The spouse of a U.S. citizen or lawful permanent resident (LPR) obtains only conditional residency if the marriage was less than two-years old. The condition on the residency must be removed during the 90 days immediately before the two-year anniversary of the date you received your conditional resident status. This removal requires a joint petition by both the husband and wife.
An exception of the joint petition exists for those who have been subject to battering or extreme cruelty by their US citizen or resident spouse. If the waiver is approved, the condition will be removed without the assistance of the abusive partner.
- Keep your residency status
- Preserve your future eligibility for U.S. citizenship
- Terminate abusive relationships without losing your immigration benefits
Am I eligible for a battered spouse waiver?
- Demonstrate the marriage was entered into in good faith
- During the course of the marriage, the conditional resident was subject to battering or extreme cruelty by the U.S. citizen spouse and the conditional resident was not at fault for the failure to timely file to remove the condition
- In the case of a child applicant, the battering or extreme cruelty must have occurred at the hands of her U.S. citizen or lawful permanent resident parent
Our attorneys will prepare a packet documenting the good faith marriage and the battery or extreme cruelty suffered. The removal of the condition is filed on Form I-751. If you require an interview, your attorney will conduct a mock interview to ensure you are fully prepared.
Why Choose ImmigrateFast
Why Hire ImmigrateFast?
Our immigration attorneys are some of the best. Not only are we experienced and knowledgeable, we are passionate about protecting the rights of immigrants and their families.
Immigration law is one of the most complex areas of law. Having Higbee & Associates represent you will ensure that your case is handled correctly. Anyone can fill out forms; very few are able to correctly analyze an immigration case. Mistakes can be very costly – you may lose time, money, and the opportunity to live securely with your family.
Our attorneys are completely dedicated to the field of immigration, and that has enabled us to become experts. In fact, we have a reputation for successfully handling very complex cases. We have been successful in thousands of cases and have earned an "A" with the Better Business Bureau.
Some other notable reasons are:
Value. At Higbee & Associates, we believe all individuals and companies deserve to receive high-quality representation at an affordable cost. We offer flat-fee pricing with no hidden fees. At Higbee & Associates you will never be surprised when you see your bill.
Technology. We use the latest legal technologies and resources. We have access to the latest decisions and have connections to industry experts. Furthermore, we have a comprehensive online database where clients can log in to access information on their case detailing every step taken. With Higbee & Associates, you will never be left wondering, “What is my attorney doing?”
Personal Service. We take our clients seriously. We listen to their concerns and advise them accordingly. We answer phone calls and emails promptly. We treat our clients with the highest level of respect and professionalism.
Hire us, and we will get it right the first time!
- Top-Rated Attorneys
- Committed To Your Success
- Flat-Fee Pricing
- Flexible Interest-Free Payment Plans
- Case Stats 24/7
|Battered Spouse Waiver of Joint Petition to Remove Condition on Residence||Our Law Firm||Typical Law Firm|
|Includes Full Representation||Yes||No|
|Zero Interest Payment Plans||Yes||No|
|24-Hour Case Status Updates||Yes||No|
|Specialize in Immigration||Yes||No|
|Award-Winning Customer Service||Yes||No|
Frequently Asked Questions
How do I show I was subject to battery or extreme cruelty?
An applicant must prove that she has been subject to battery or extreme cruelty. The following may be useful in demonstrating the abuse suffered:
-Copy of reports or official records documenting the abuse or the effects of the abuse on the battered immigrant or her child issued by school officials and representatives of social service agencies; -Medical records documenting the frequency and extent of any injuries; -Police records of calls or complaints; -Court records documenting arrests, convictions, or the issuance of protection orders; -Affidavits from police, judges, medical personnel, school officials, battered woman’s advocates or shelter workers, mental health professionals treating the victim or her children, social service agency personnel, and witnesses to the domestic violence incidents documenting the emotional abuse or injuries that resulted from the abuse; -Affidavit from the applicant; -An original evaluation by a professional such as a licensed social worker, psychologist, or psychiatrist to show extreme mental cruelty; -Copy of divorce decree if marriage was terminated by divorce on grounds of physical abuse or mental cruelty; -Copy of the custody order if the decision to grant custody was based on a finding of domestic violence.
How do I show my marriage was entered in good faith?
USCIS will consider evidence relating to the couple’s commitment to the marriage and assess whether it was a marriage made in good faith. The intent of the parties at the time they were married will be examined. The following documents may be useful in proving that a good-faith marriage existed:
-Birth certificates of children born into the marriage; -Lease or mortgage contracts, affidavits of landlords and neighbors, documents showing joint occupancy; -Financial records showing joint ownership of assets and joint responsibility for liabilities, such as joint savings and checking accounts, joint federal and state tax returns, insurance policies that show the other spouse as the beneficiary, joint utility bills, joint installment or other loans; -Affidavits by people who have known both spouses since the conditional residence was granted, attesting to their personal knowledge of the marital relationship, in addition to the personal knowledge of their courtship or dating; -Photographs form the wedding, family vacations, special events, holiday celebrations.
I did not apply for the waiver by the deadline. Can I still apply?
Yes, as long as the conditional resident was not at fault for the failure to timely file to remove the condition.
Mathew HigbeeAttorney at LawMathew Higbee utilizes his unique blend of legal and professional experience to deliver success for his clients. He has handled a wide-range of cases in both criminal and civil courts. He has served as a prosecutor and defense counsel. He is a frequent commentator and guest writer for various media.
We hired her firm over a year ago and after a long battle where she led us through all the hoops and many unforeseen obstacles. Many times we felt the difficulties, she never gave up on us and helped us through our hard time. Thank you and your firm for fighting for us and working so hard for making my dream of living in the US a reality.
Ms. Julia helped through the immigration process and she was highly professional and helpful through the entire process!
She is superbly efficient and professional. From beginning to end I have felt comfortable and secure in her judgment and I have nothing but praise and recommendation for her.
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My wife is undergoing heart surgery, and due to the nature of my job I would be needing someone to take care my wife while I am under Military deployment. I talked to different lawyers but no one says that it is possible to bring my wife's niece from outside the US. Ms. Cueva however, made it possible to bring my wife's niece into the US as her caretaker for one year while I am overseas. She did so with a positive attitude and was very helpful in the process. Ms. Cueva was very kind and respectful and determined to get the job done.
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