I-751 Waiver approved for battered spousePublished: Thursday, November 5, 2015
A client came to our office afraid that she would be removed from the United States. She and her husband had filed a joint petition to remove the conditions on her residence and due to insufficient documentation USCIS issued a request for more evidence, to which she never responded. At time the client contacted us for assistance, she was no longer living with her husband. He husband had physically abused our client and had threatened her to call immigration services to alert them of her status. She had left her husband’s house with very little documentation and was afraid to return to that home. Moreover, she could not afford to pay another $590 filing fee. We listed to our client, guided her throughout the entire process and helped her to gather the documentation she needed to file an amended I-751 waiver petition without her husband's participation. Furthermore, we were successful in arguing that because her initial petition filed jointly with her spouse had not yet been adjudicated, no new filing fee was due for the amended waiver petition. Her case was approved after only 5 months.