I need to know more about the "removal of conditions" on my 2 year resident card that they gave me. Since i wont be with him when this "removal of conditions" paperwork needs to be signed what are the odds I actually get approved?
Some background:
I've lived here 15 years (since I was 4 1/2 & now i am 20)
I work full time and go to school full time
and i have over 5 police reports stating different threats and abusive acts over the period of one year.
Please Help.
2006-12-04 05:17:20 · 10 answers · asked by MidnightEnigma 2 in Politics & Government ➔ Immigration
"If the conditional resident has been battered or abused by his U.S. citizen or permanent resident spouse, the alien may apply to remove the conditions on his permanent residence at any time after he becomes a conditional resident, but before he is removed from the U.S.
IV. If the alien and his child were battered or subjected to extreme mental cruelty by his/her spouse, the alien must submit the following:
USCIS Form I-751;
A copy of USCIS Form I-551; and
Evidence that he entered into the marriage in good faith and not to evade the immigration laws. Examples of such evidence includes, but is not limited to:
Leases showing that the couple lived in the same place;
Documents that prove that the couple owned property jointly;
Birth certificates of their children; and
Expert testimony proving that the alien and the child were battered or subjected to extreme mental cruelty. Examples of such testimony includes, but is not limited to:
Copies of police and medical records detailing evidence of physical abuse;
Evaluations by clinical social workers and psychologists showing evidence of mental cruelty; or
Copy of the divorce decree if the marriage was terminated because of physical abuse or mental cruelty.
Evidence that the alien was not at fault in failing to file the petition on time, if applicable.
Evidence that the alien was not at fault in failing to file the petition on time, if applicable.
Evidence that the termination of the conditional resident status and the removal from the U.S. will cause the alien extreme hardship, includes but is not limited to the following:
USCIS Form I-751;
A copy of USCIS Form I-551; and
Evidence that the deportation would cause greater hardship than the hardships created when other aliens are removed from the United States."
Good luck
2006-12-04 05:22:17 · answer #1 · answered by Niecy 6 · 2⤊ 0⤋
You will need to fill out some forms and attend a hearing. This means you need to hire an immigration lawyer. However, you are almost certain to be approved. The problem here is red tape. It will take a long time for the paperwork to go through and it will be complicated....hence, the need for a lawyer.
The biggest problem here is screwing up something with the paperwork and/or letting a deadline pass by accident without filling out certain paperwork. That is very common and can make it take a very long time to push things through. Again...you need a lawyer. However, since you have been here for so long, there is no way they will not approve you. It just isn't done.
2006-12-04 13:23:54 · answer #2 · answered by Anonymous · 0⤊ 1⤋
When the time comes to change your status the application has a place where you can mark that you got a divorce and explain why did you do it, if you have those papers with you there is no problem, specially if it is because of abusive spouse.
I even have a friend who got her divorce right before her appointment and it had no reason, (not like you) and the only think they asked you is if you enter the marriage in good faith and that's all, so just get your divorce and you will be ok with your papers, just keep records of your divorce and reason to send out with your application next time.
Good Luck!
2006-12-04 13:29:32 · answer #3 · answered by ? 6 · 0⤊ 0⤋
Get an attorney. We really can't tell you what immigration is going to do but a lawyer could and they could help with everything. You really need a lawyer right away. Good Luck.
2006-12-04 13:26:46 · answer #4 · answered by nana4dakids 7 · 0⤊ 0⤋
My sister moved here from Canada because she married this guy who is a citizen. The guy was involved with his best friend's wife and he used my sister to make her jealous and it worked. This person divorced my sister in less than a year. My sister proved to them that she was here because of good intentions and she got the green card.
2006-12-04 13:30:36 · answer #5 · answered by observer 4 · 0⤊ 0⤋
What are the 'condtions' you refer to in the 'removal of conditions'? Obviously, if you want a divorce you are or will seek the advise of an attorney. Ask her/him. Good Luck.
2006-12-04 13:22:12 · answer #6 · answered by Suzan 3 · 0⤊ 0⤋
A lawyer would be your best source for accurate information
Good Luck
2006-12-04 13:25:13 · answer #7 · answered by GUESS GIRL 3 · 0⤊ 0⤋
contact an immigration lawyer, they will ease your mind and maybe even help with the divorce, dont stay with an abusive man for any reason, its never worth it!
2006-12-04 13:34:16 · answer #8 · answered by Anonymous · 0⤊ 0⤋
There might be some relief providing that the marriage was entered in good faith. Checkout the following link.
http://www.uscis.gov/files/pressrelease/VAWADv_pub.pdf
2006-12-04 13:25:53 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Get a Lawyer. Do things right and with protection.
2006-12-04 13:20:34 · answer #10 · answered by Lore 6 · 1⤊ 0⤋