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I-751 Abuse waiver question

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

Posted

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.

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Posted

I just marked you as helpful and the best answer for your direct and precise answer. If a statement from the abused is not enough, would a witness report be enough if that witness lives in a different state and was only a witness to what the abused would tell the friend. Would that friend be considered as a witness or that's just a hearsay as far as the USCIS is concerned, unless there is a witness that has actually seen the abuse going on instead of hearing about it from the abused friend. I would appreciate your last comment on this particular aspect if you don't mind.

Marie C. Puertollano

Marie C. Puertollano

Posted

A notarized affidavit from a third person about the abuse helps. But use a person who the abused talked to directly. It will have more weight. Now the most convincing as you will see in the uscis website is reports by "objective" people such as police, hospital, social service. Your case seems extremely weak. Call a lawyer. Not to lose your green card is so important. El may 17, 2013 6:49 PM, "Avvo" <email@mail5.avvo.com> escribió:

Posted

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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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That was actually my question....so you mentioned factual evidence, which means that anyone wanting to claim abuse has to show proof as oppose to writing a statement how emotionally (example) they were abused and having their own statement gain the abuse waiver for them. So basically the USCIS does not just take into consideration a statement from the immigrant if there is no evidence is this correct.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Thank you for marking my answer as helpful.

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Posted

You're welcome :)

Posted

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

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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) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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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.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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Posted

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.

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