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Legal Information: Federal


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January 30, 2018

How does the battered spouse or child waiver process work?

Once the battered spouse or child waiver is submitted, US Citizenship and Immigration Services (USCIS) may request additional evidence. If the battered spouse or child waiver is approved, the condition in your conditional permanent residence will be removed. Note: If you are a conditional permanent resident through a marriage to an abusive USC or LPR, and you do not file a joint petition or a waiver before the end of the second anniversary of the date when you got conditional permanent residence, you may lose your permanent residence status and could be removed (deported) from the US.1

1 USCIS website – Instructions for Petition to Remove Conditions on Residence