Removal of Conditions as a Survivor of Abuse

Compassionate Counsel from a New Jersey Immigration Lawyer

An immigrant that has been abused by a spouse, family member, or close acquaintance can feel trapped in the relationship, afraid that leaving the source of domestic violence will also make them lose their residency status. Thankfully, there are legal options available to immigrant survivors of domestic violence, including the chance to obtain permanent residence independently if it means protecting their own health and wellbeing.

At Law Offices of Simone Bertollini, I am committed to helping my clients through the good times and the bad. If you have been hurt by your spouse or family member, you can come to me for legal assistance. If you believe you are in immediate physical danger, please do not hesitate to contact the authorities. Never do anything that would jeopardize your safety.

Call 973.814.4408 to speak to a New Jersey immigration attorney today.

I-751 Removal of Conditions Waiver

After you have been harmed through domestic violence, you will likely need to use a Form I-751 to remove your preexisting conditions on residence, particularly any joint filing requirements. This is a specialized application and waiver that is only available in cases of domestic violence. Without the consent of the abuser, the petitioner will essentially be filing for his or her own green card, or legal permanent resident (LPR) status.

If you are in an abusive relationship, please do not hesitate to let my firm help you determine if you have conditional legal permanent residence. By proving that your marriage began in good faith and that you have a real need for your waiver request, you could be issues an individualized green card that lets you move away from the dangers of your abusive spouse. With my firm by your side, the guesswork will be taken out of your case and you can look towards the future in confidence.

Providing Convincing Evidence

In a criminal domestic violence case, the abused individual will need to provide the court with clear evidence that the abuse was real, or the threat of harm was believable to a reasonable person, if he or she wants the abuse to be penalized with a restraining order. Similar requirements will likely be necessary in a domestic violence case involving an immigrant or resident. The government is always hesitant to provide leniency with green card requirements, and may ask for proof of your abuse.

Certain documentation and evidence that can help validate your claims include:

  • Your medical records showing injuries related to abuse.
  • Criminal background of your abuser.
  • Eyewitness or family testimonies.

Some information pertinent to your claims might only be available in your country of origin. My law firm can help you track down the paperwork or documents you need to quickly move your case through the immigration system. I know your wellbeing hangs in the balance and will not let anything slow me down.

Protect Your Rights & Yourself – Call 973.814.4408

Throughout your Removal of Conditions case, the most important thing is your safety. Please use your best judgement and caution when attempting to obtain evidence for your case. If your abuser does not know you intend to file a Form I-751, it is probably the right decision to leave him or her clueless about it.

I am an honest and caring New Jersey immigration attorney who actually wants to see you through this difficult time with as little stress as possible. Work with me and I can help safeguard you each step of the way, doing what can be done to shield your rights and wellbeing from further harm. To get more information about what you should be doing next to seek your own LPR status free from your abuser, contact my firm and set up a consultation.

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