Know the Laws:

UPDATED January 13, 2009

This page includes information for obtaining legal status if you are married to an abusive US citizen or lawful permanent resident.

• Basic Info
• How do I Self-Petition under VAWA?
• Cancellation of Removal Process
• Battered Spouse or Child Waiver
  • What do I need to show to be eligible for battered spouse or child waiver?
  • What is Battered Spouse or child waiver?

Battered Spouse or Child Waiver

back to topWhat do I need to show to be eligible for battered spouse or child waiver?

Bettered spouse waiver petitioner must establish: *

• Good- faith marriage
• Qualifying abuse (physical battery or extreme cruelty)

Note: Because the marriage (or parent -child relationship) and immigration status of the relative have previously been legally decided, these issues do not need to be reviewed.

back to topWhat is Battered Spouse or child waiver?

This is for abused immigrants who already have a green card. But the green card is still “conditional” because it was granted less than two years ago. 

Usually, the procedure for removing the condition on LPR statutes is to file a joint petition 90 days prior to the second anniversary of the day you were given the status. Under a battered spouse or child waiver, a conditional resident may file form I-751 at any time.

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