Immigration/Divorce - How can I get conditions removed from my green card when I can't prove the abuse?

Costa Mesa, CA Viewed 42 times. Posted 27 days ago in Immigration

I divorced my husband after less than two years of marriage (14 months). I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him. I cannot prove the abuse definitively (no photos or police reports) as I covered it up at the time. The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window and it MIGHT be ok; some say I need to file now and prove the abuse. I have no money for a lawyer as my husband also stole most of my money. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is?
Heartfelt thanks for all advice.

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Answers (1)

Scott D. Pollock

This attorney is licensed in Illinois and 1 other state. Posted 27 days ago.

You don't need to wait for the 90 day window if you are applying for a waiver of the joint petition requirement. Abuse is one basis for the I-751. Another is a showing of divorce and a good faith marriage. A good immigration attorney could assist you to prove your case. If you cannot afford a private attorney, you should see if there are any low cost or free legal services agencies that employ knowledgeable immigration attorneys, or agencies recognized by the Board of Immigration Appeals that have "accredited representatives" on staff that can function as authorized non-lawyer representatives. I think you should definitely be represented in this matter. Good luck!