Remove conditions, abuse waiver

Who qualifies?

The requirements are set by law, and whether you meet them turns on the details of your situation — your status, your history, and your relationship to the people in your case.

Requirements

What you have to show

Who it’s for

  • A conditional resident whose U.S. citizen or permanent resident spouse battered them or subjected them to extreme cruelty during the marriage. It can also be filed for a child abused by that spouse.
  • The marriage was entered in good faith, not to get a green card.

Timing and your marriage now

  • You don’t have to wait for the 90 days before your card expires: USCIS accepts this waiver any time after you become a conditional resident, and before a final order of removal.
  • You can still be married, separated, or divorced. Your marital status and where you live don’t matter for this waiver.

Evidence

  • USCIS considers any credible evidence of the abuse, such as police or court records, protective orders, medical records, statements from shelters or counselors, and your own statement.
  • Evidence the marriage was real when you entered it, and the court records for any arrest or criminal charge.

Your safety

  • Federal law keeps your case confidential. USCIS can’t decide against you based only on what your abuser or their family says, and it uses a safe mailing address for you.

Keep reading

More about Remove conditions, abuse waiver

OverviewFor a conditional resident whose spouse was abusive, filing aloneCostHow much does it cost in total?TimelineHow long does it take?DocumentsWhat documents do I need?ProcessWhat are the steps?InterviewWhat happens at the interview?FAQCommon questions

Remove conditions, abuse waiver

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