I-751 Abuse waiver question

Asked over 1 year ago - San Clemente, CA

When filing for I-751 based on abuse waiver when you are already divorced officially, what type of things should you provide for that abuse waiver. Can you claims that you were abused but simply writing a statement describing how you were abused, especially mentally, or a statement won't do it unless you have documented the abuse. I keep hearing that it's so easy to claim ause to get your green card, but it is that simple to simply say you were abused, come up with a story without any proof, and then get your green card even with little evidence of bonafide marriage. Can the USCIS deny your abuse waiver by any chance and if so, on what basis can they deny you for I-751 abuse. Also, is it as easy for a man to claim abuse by simply providing a paragraph of it as it is for a woman.

Attorney answers (6)

  1. Otis Carl Landerholm

    Pro

    Contributor Level 13

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    Answered . Hello. Filing an I-751 based on abuse is a scary thing to do on your own and I strongly recommend that you proceed with an attorney who you trust. If USCIS decides that your marriage was not entered into in good faith, or that your abuse does not satisfy the requirement of "battered or subjected to extreme cruelty," then USCIS can put you into removal proceedings and try to deport you and take away your green card. Please find a good immigration attorney and proceed with caution.

    Good luck,

    Otis C. Landerholm, Esq.
    www.LanderholmLawOffice.com

  2. Marie C. Puertollano

    Contributor Level 7

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    Best Answer
    chosen by asker

    Answered . I deal with I-751 waiver almost daily. If you are already divorced or will be divorced in the next few months, you can file the I-751 case without mentionning any abuse but base your petition on "I entered the marriage in good faith but the marriage was terminated through divorce or annulment".
    A I-751 petition based on abuse is not that easy to do. A mere statement from you will not be sufficient.

  3. Thomas J Dao

    Contributor Level 4

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    Answered . Some types of evidentiary proof that you can submit along with an i-751 Petition can be found at the link provided below.

    However, I agree that you should consult with an immigration attorney prior to filing; otherwise, you may subject yourself to penalties, including denial of future immigration benefits.

  4. Alexander M. Ivakhnenko

    Contributor Level 20

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    Answered . Impossible to present you with a list of possibly matching factors that should accompany your filing. You must work with a counsel closely to assemble an adequately convincing package based on factual evidence with bona fide proofs.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  5. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree with y colleagues. You need to hire an immigration attorney and soon. This is a type of an application, like most immigration applications, by the way, where profesional help may spell a difference between success and not.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  6. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

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    Answered . I agree with my colleagues. Consult with an experienced Immigration Attorney.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more

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