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Legal Information: Federal

Immigration

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Updated: 
May 17, 2021

If the battered spouse or child waiver is approved, what will my immigration status be?

If the battered spouse or child waiver is approved, the “condition” in your conditional permanent residence will be removed.1 That means you will have legal permanent residence and you will continue to be able to live and work legally in the US. Your “green card” will be valid for ten years.

If you included any of your children as derivatives, their conditions will also be removed, and they will receive a new “green card” that will be valid for ten years.

1 8 USC § 1186a(c)(3)(B); INA § 216(c)(3)(B)