I-751 Waiver Abuse or battery

You might qualify for this section of the waiver if you have been the victim of any act or threatened act of violence by your U.S. citizen spouse, including any forceful detention, which results in physical or mental injury. You are not required to be divorced or even separated from your spouse.

The main challenge will be documenting the good faith marriage as well as documenting the abuse.

The following are some examples of behavior that conditional residents have used to prove “extreme cruelty,” but every person’s case is different and this list is not exhaustive:

  • Threatening to report you to USCIS or any other government agency, or a refusal to jointly file Form I-751 with you.
  • Threatening to divorce you, especially if divorce is taboo in your culture or religion.
  • Threatening to physically hurt you or your loved ones, especially if done in order to put you in fear of your spouse.
  • Invading your privacy in order to control you, including reading or intercepting your mail and emails, monitoring your phone calls and computer usage, and snooping in your personal belongings.
  • Withholding money or food from you as punishment or to control you.
  • Not allowing you to contact your family or friends or associate with them.
  • Taking away your means of transportation or important documents (for example, your driver’s license or passport) in order to keep you from leaving the home.
  • Intentionally destroying or disposing of your personal property.
  • Repeatedly exhibiting uncontrollable anger or screaming, even knowing that this behavior would hurt and upset you.
  • Name calling and making cruel insults (both in public and in private) to humiliate you.

To document the abuse, here are some of the helpful pieces of evidence:

  • Copies of reports or official records issued by police, courts, medical personnel, school officials, clergy, social workers, and other social service personnel.
  • Any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse.
  • Any evidence that you sought safe haven in a shelter for the abused or similar refuge, as well as photographs evidencing your injuries.

We understand this can be emotionally very difficult.  Tsang and Associates wants to help you, and we will do whatever we can to do so.