The Battered Spouse Waivers for Conditional Permanent Residents, Green Card Questions and Answers

Question:

I obtained conditional permanent resident status based upon a marriage with a U.S. citizen spouse. Can I apply for the removal of conditions by myself based on the cruelty by a U.S. citizen spouse?

Answer:

Conditional permanent residents are spouses of U.S. citizens who obtain permanent resident status based upon a marriage of less than two years at the time of approval. These individuals must file to remove the conditions, or the status will expire after two years. The removal of conditions must be filed jointly - that is, it must be signed by both spouses.

There is a waiver of the joint filing requirement if the conditional permanent resident spouse has been subjected to battery or extreme cruelty by a U.S. citizen spouse. If approved, the victim may have her/his conditions removed on permanent residence, and thus will hold permanent status, without the help of the abusive spouse.