An individual who seeks to file an I-751 petition must present that his/her case is very unique. Petitions based on exceptional hardship are very difficult to obtain approval; therefore, you will want to seek counsel from an experienced immigration attorney in order to evaluate whether filing under this ground is your best option, and if not, find your best solution.
Spousal abuse may occur in various forms: physical/emotional, violent/nonviolent, direct and indirect. If you are filing to remove the conditions on your US residency status under this waiver category, you will need to provide detailed evidence to support your claim.
Once you have filed your I-751 petition to remove conditions on your permanent residency, the USCIS will mail you a letter stating its approval or denial. If denied, the message will state the reasoning for the decision accompanied by a Notice to Appear (“NTA”) in the immigration court for removal proceedings. Once you are placed in deportation, remember you must attend your hearing. However, you should view this procedure as a chance for your case to be fully heard and given a second opportunity to get your conditional status removed.
Filing an I-751 is the next step towards naturalization for those who have received legal status through marriage. An I-751 is a petition to remove the conditions of the 2 year marriage green card. Much like the process of obtaining your marriage green card, an I-751 requires producing substantial evidence to prove your bona fide marriage. Once your petition is approved, the conditions on your permanent residency status will be removed, and you will receive your standard green card of 10 years residency.
