At The Law Offices of Sabrina Li, we take pride in our dedication to helping clients navigate complex legal situations. We are pleased to share the story of one of our recent successes.

Abuse Leads to Legal Advice

A client came to us a few months after she and her child had been granted conditional residence through her marriage to a U.S. citizen. Unfortunately, her spouse began subjecting her to physical, verbal, and financial abuse. Fearing for her safety, she sought our help to understand how a divorce would impact her legal status.

The Joint Filing Requirement

To obtain permanent residency, a conditional resident must demonstrate a bona fide marriage to a U.S. citizen or Lawful Permanent Resident (LPR). This condition applies if the marriage, upon which residency is based, is less than two years old. The conditional resident must apply to remove the conditions on their status before their conditional residency expires. This application can be filed jointly with the U.S. citizen or LPR spouse, or independently with a waiver of the joint filing requirement.

Recognizing the urgency to remove the conditions on our client's residence, we aimed to protect her and her child’s safety and to liberate her from her spouse’s control, which was exerted through her legal status.

Taking Action Against Abuse: Filing with a Waiver

Understanding the complexities of abuse and divorce, our experienced team knew that the client could file a petition to remove the conditions on her residency before the expiration date. Additionally, she could request a waiver of the joint filing requirement due to the abuse she endured.

We swiftly filed the petition, including extensive documentation of her shared life with her spouse and evidence of the abuse, such as police reports, pictures, and medical records. We ensured that the abuse was thoroughly documented and established that our client had entered the marriage in good faith.

A Joyful Resolution

After 2 years and 9 months, our client received the wonderful news that her petition to remove conditions on her residence was approved. She was relieved to learn that she was not required to attend an interview and delighted that her daughter was also included in her application. Today, she and her daughter live as Lawful Permanent Residents in the United States, free from the abuse of her former spouse.  

Removal of Conditions: Eligibility and Waiver Options

To remove the conditions on their resident status, an individual must:

1. Be lawfully admitted as a conditional resident.
2. File to remove the conditions before their conditional residence expires.
3. File jointly with their petitioning spouse or qualify for a waiver of the joint filing requirement.
4. Establish that their marriage was entered into in good faith.

A waiver of the joint filing requirement can be requested if:

1. The petitioning spouse is deceased.
2. The marriage, entered into in good faith, has been terminated through divorce or annulment.
3. The applicant was subjected to extreme cruelty by the petitioning spouse during the marriage.
4. Termination of the applicant’s status and removal would result in extreme hardship.

The Law Offices of Sabrina Li: Here to Help

If you or someone you know is in a similar situation and needs expert legal assistance, The Law Offices of Sabrina Li can help. Our founder, Sabrina Li, is a State Bar of California Certified Specialist in Immigration and Nationality Law. Our firm has extensive experience with the I-751 waiver, whether it is based on a good faith marriage, abuse, or hardship. We have successfully represented clients in their I-751 petitions before USCIS and immigration courts.

Call us today at (213) 375-8096 or email us at info@sabrinali.law. We are committed to providing the compassionate and skilled representation you need. Don't hesitate to reach out to us. We're here for you.