Without a doubt, applying for a waiver of the requirement to file a joint petition to have the conditional provision of your permanent resident status removed based on extreme cruelty is a difficult process. It involves gathering evidence to establish that you were subjected to extreme cruelty by your spouse, as well as that you entered into the underlying marriage in good faith. On top of this, immigration officials often scrutinize marriage cases because of the high incidence of marriage-based immigration fraud.
Federal immigration law permits an applicant to file a petition to remove conditions on his or her residence even if he or she does not jointly file with his or her spouse if s/he was subject to extreme cruelty from his or her spouse during the marriage. For this type of waiver, you must prove:
Making the decision to take back your independence and move on from the abuse that you endured is a difficult choice. We understand. We know that at some point you fell in love with your spouse and likely left friends, family, or a career behind in your home country to move to the United States to start your life with your spouse or you stayed in the U.S. and depended on your spouse to fulfill his or her promises and you left your life in your home country behind. We know that you put all your hopes and dreams into your marriage. The devastation from realizing that your spouse was not the person you thought he or she was is taxing on the mind. Moreover, it may seem that removing the condition on your green card is unattainable without their help.
Not true. Attorneys from our family and removal group have helped men and women from across the United States and even those stuck outside the U.S. successfully remove the condition on their green cards to allow them a fresh start and the opportunity to re-build their lives. Our firm knows how difficult it must be for you to trust again and to open up in detail about what happened or is happening in your marriage. Know that our staff is professional, competent, and adheres to the highest standards of ethics and confidentiality. We will make the process as smooth as possible for you, so that you do not have to relive the nightmare anymore and can move forward to conquer your American dream.
As a victim of abuse, there comes a time when you must take that first step in the right direction to regain your independence and self-worth.