Removal of Conditions

Conditional Permanent Residence

Initially, spouses of U.S. Citizens/LPRs receive conditional permanent residence (CPR) for 2 years if at the time of the approval they have been married to a U.S. citizen for less than 2 years. So, CPRs will have their initial green card with a 2-year expiration. Within 90 days of the green card expiration, they must petition USCIS to remove conditions on residence to obtain permanent residence. A permanent green card has an expiration of 10 years.

Removal of Conditions

Generally, to remove conditions on residence, CPR spouses must file a petition to remove conditions jointly with their U.S. citizen/LPR spouse and provide evidence of continued bona fide marriage. The couple may be interviewed again or the USCIS examiner may waive the interview if the petition package contains strong evidence of good faith marriage and there are no other issues that could affect approval.

Removal of Conditions if Divorced or Separated

However, when the marriage was terminated or the spouses separated during the 2-year conditional residency, the immigrant spouse must request a waiver of a joint filing requirement. To receive a waiver, the spouse must show an extreme hardship if removed from the U.S. or that the marriage was entered into a good faith but terminated other than through the death of the U.S. spouse/LPR. USCIS will require a divorce decree to adjudicate the petition as a waiver of joint filing.

Removal of Conditions if Abused

An immigrant spouse may also request a waiver of joint filing if a marriage was entered in good faith, but the CPR spouse or child was battered or subjected to extreme cruelty by the U.S. citizen spouse/LPR. Petitions based on battery are referred to as VAWA petitions (Violence Against Women Act). Good moral character of the CPR spouse is also considered.
VAWA petitions to remove conditions may be filed at any time during the marriage even after the 90-day deadline. For VAWA petitions, a divorce decree is not required for getting the waiver. Also, the battered spouse/child is not required to reside with the abuser during the marriage. The battered spouse/child may separate from the abuser ever shortly after the marriage.

Battery or Extreme Cruelty

Being battered by or being the subject of extreme cruelty is described as “being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor) or forced prostitution shall be considered acts of violence.”

Documenting Abuse

Physical violence generally includes any offensive touching or use of force without the spouse’s consent, such as punching, slapping, spitting, choking, sexual abuse. Extreme cruelty involves non-physical behavior to obtain the spouse’s compliance or exercise control over the person’s actions, such as isolation, humiliation, intimidation, degradation, minimizing or blaming, economic control, coercion, threats of violence, denying access to food, family, friends, or medical treatment, threats to deport, psychological abuse, etc.

The VAWA petitions are evidence based. The battered spouse must provide sufficient documentation of physical or mental abuse. Evidence of battery or extreme mental cruelty may include photographs of visible injuries, police reports or affidavits from police officers, arrest or criminal case records, a restraining order or other court records, medical records, school records, reports and affidavits from social workers, etc. Mental abuse claims must be supported by the evaluation by expert approved by USCIS, such as licensed clinical social workers, psychologists, psychiatrists, etc.

How Can We Help?

Petitions to remove conditions on residence require proper documentation either of the ongoing good faith marriage for joint filers, or documentation to support a waiver of joint filing.
For joint petitions, USCIS may waive an interview if a strong petition package is submitted to meet all the requirements for removal of conditions. If the interview is waived, the LPR spouse will receive a new green card in the mail.
Petitions requesting a waiver, whether based on a divorce, separation, or battery (VAWA petitions), typically require even more documentation to prove the case. For example, certain acts of the abuser standing alone may not appear violent, but when viewed in the totality of circumstances may demonstrate a patten of mental abuse. USCIS will only consider credible evidence of the abuse. So, these acts must be properly documented and presented to USCIS.
We can guide you through the necessary documentation and present a strong case to USCIS to remove conditions on permanent residency. Call us for a consultation now. 386-248-3000.