Legal Information: Federal

Immigration

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Updated: 
January 30, 2018

Who is eligible for a battered spouse or child waiver?

You may be eligible for a battered spouse or child waiver if you meet all of the requirements below:

  • you have conditional legal permanent residence as the spouse of a US citizen (USC) or legal permanent resident (LPR) because your marriage was less than two years old when you obtained your residence; or you have conditional legal permanent residence as a child because your parent’s USC spouse filed a petition for you and the marriage was less than two years old when you obtained your residence;
  • the marriage that is the basis for conditional residence was a good faith marriage; and
  • during the marriage, the spouse or child was battered or subjected to extreme cruelty by the USC or LPR abuser.1 "Extreme cruelty" is any form of power and control and includes, but is not limited, to the following: being the victim of or threatened with an act of violence, forcible detention that results in physical or mental harm, psychological or sexual abuse, rape, molestation, incest, and forced prostitution.2

1 INA § 216(c)(4)(C)
2 8 CFR § 216.5(e)(3)(i)