If the citizen spouse does not wish to have the CR green card holder conditions removed, (due to marital abuse, infidelity, etc.) and thereby does not pay the necessary fees, can legal action be taken against that spouse? Also, if CR spouse cannot afford legal representation to remove conditions, can free legal aid be provided? If the CR spouse uses a waiver, are fees still payable to be able to remove the conditions?
Real Estate Attorney
If they refuse to file to remove your conditions, there are ways in which you can petition on your own. You should consult an immigration lawyer. Many of us offer consultations at little or no charge. Good luck.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
You probably will have to file on your own. There is no provision in law that requires the government to provide you with a free immigration lawyer, but you can check with local bar associations, and see if they can help you.
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com
The person filing a petition to remove conditions on residency has to pay the USCIS filing fee. You may file this on your own or retain an attorney in this case but no free legal aid may be available, unless you find a local community organization who provides assistance in such matters.
Disclaimer: The information provided here is generalized and should not be relied upon as legal advice. This communication does not create an attorney-client relationship.