On January 19, 2010 we received an approval notice from the USCIS to a self-petitioned I-751 Removal of Condition of Lawful Permanent Residence application we filed for our client. Our client in this case is a wife who was mistreated by her U.S citizen spouse. The petition is also for her minor child and the child’s petition is also approved. On February 1, 2010, we have received the formal permanent resident cards for both the mother and the child.
There was no domestic violence involved in the marriage of our client. Rather, the mistreatment is in the form of financial controlling of the husband over the wife. With the application, we established that this is an authentic marriage entered into in good faith, and the control of the husband over the wife has reached the level of “extreme cruelty”. The petition was received by the USCIS on September 4 of 2009, and the green card, again, were received on February 2, 2010.
I-751 is for a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence. If the couple were still living together under their marriage, the I-751 should be jointly signed by the couple. Nevertheless, if the marriage is no longer in existence, or the citizen spouse refuses to join the application or is deceased, the alien spouse can self petition for the condition removal if he/she meets the requirement. After the self-petition is filed, self-petitioner is granted a one-year extension of the temporary permanent residence until the case is ruled by the USCIS.
Each year we help many alien spouses apply for Violence Against Woman Act protection, or file the I-751 self-petition applications. Please contact us if you have the need to self-petition for your own cause. The help you need is just a click away!