1. What is an I-751 Waiver Based on Abuse or Extreme Hardship?

An I-751 Waiver based on abuse or extreme hardship is a form of relief from removal (deportation) that is available for certain qualified foreign nationals who have been abused by their U.S. citizen or permanent resident spouse. The waiver allows the foreign national to apply for a green card without the participation of the abuser, or even in spite of their opposition. Victims of abuse can also apply for this waiver if they can demonstrate that their removal would cause them extreme hardship.

2. Who is eligible to file an I-751 Waiver Based on Abuse or Extreme Hardship?

A person who is the spouse of a U.S. citizen or lawful permanent resident, and who has been a conditional resident for more than two years, may file an I-751 Waiver Based on Abuse or Extreme Hardship if they can demonstrate that they would suffer extreme hardship if removed from the United States or that their marriage was entered into in good faith but ended due to abuse of the petitioner by the U.S. citizen or lawful permanent resident.

3. What evidence do I need to provide in order to be eligible for an I-751 Waiver Based on Abuse or Extreme Hardship?

In order to be eligible for an I-751 Waiver Based on Abuse or Extreme Hardship, you must provide evidence that demonstrates one of the following:

1. That your U.S. citizen or lawful permanent resident spouse has subjected you to battery or extreme cruelty. This can include medical records, police reports, photographs, affidavits, or any other documentation to support your claim.

2. That the termination of your status and removal from the United States would result in extreme hardship to you if you were removed. This can include evidence of family ties in the United States, your long-term residence in the United States, and evidence demonstrating that you would suffer financial or economic hardship if removed from the United States.

4. What is the filing fee for an I-751 Waiver Based on Abuse or Extreme Hardship?

The filing fee for an I-751 Waiver Based on Abuse or Extreme Hardship is $595.

5. When should I file an I-751 Waiver Based on Abuse or Extreme Hardship?

You should file an I-751 Waiver Based on Abuse or Extreme Hardship if you are in a situation where you are unable to file the standard I-751 Petition to Remove Conditions on Residence with your spouse. This can include situations of abuse or extreme hardship.

6. How long will the processing of my I-751 Waiver Based on Abuse or Extreme Hardship take?

The processing time for an I-751 Waiver Based on Abuse or Extreme Hardship can vary depending on the individual case. Generally, cases can take anywhere from 6 to 12 months to process.

7. Is there a way to expedite the processing of my I-751 Waiver Based on Abuse or Extreme Hardship?

Unfortunately, the U.S. Citizenship and Immigration Services (USCIS) does not offer any way to expedite the processing of an I-751 Waiver Based on Abuse or Extreme Hardship. However, if you have an urgent need for a decision, you can file a request for expedited processing with USCIS on Form I-102, Request for Employment Authorization.

8. What form must I submit with my I-751 Waiver Based on Abuse or Extreme Hardship?

You must submit Form I-751, Petition to Remove Conditions on Residence, along with supporting evidence, such as police and medical reports, as applicable. Additionally, you must also submit the following forms: Form I-944, Declaration of Self-Sufficiency; Form I-589, Application for Asylum and for Withholding of Removal; and Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

9. How do I prove extreme hardship if I need to file an I-751 Waiver Based on Abuse or Extreme Hardship?

If you are seeking to waive the joint filing requirement for an I-751 based on abuse or extreme hardship, you must provide evidence of the abuse and of any extreme hardship that you may face if the waiver is not granted. Evidence of abuse or extreme hardship can include documentation such as police and medical records, affidavits from family, friends, and professionals, letters, photographs, and other documents that support your claim.

10. What type of abuse must be documented to qualify for an I-751 Waiver Based on Abuse or Extreme Hardship?

The type of abuse that must be documented to qualify for an I-751 Waiver Based on Abuse or Extreme Hardship is domestic violence, battery, or extreme cruelty. Other types of abuse may also qualify, such as psychological abuse or economic abuse.

11. What are the consequences if I fail to timely file an I-751 Waiver Based on Abuse or Extreme Hardship?

The consequences of failing to timely file an I-751 Waiver Based on Abuse or Extreme Hardship could be serious and could include the loss of your permanent resident status and your removal from the United States. Therefore, it is important to take the necessary steps to ensure that you are in compliance with all filing requirements.

12. Can a victim of abuse who does not have a permanent residence in the United States still qualify for an I-751 Waiver Based on Abuse or Extreme Hardship?

Yes, a victim of abuse who does not have a permanent residence in the United States may still qualify for an I-751 Waiver Based on Abuse or Extreme Hardship. In order to qualify, the petitioner must be able to demonstrate that the abuse or hardship they have suffered would make it difficult or impossible for them to return to their country of origin. Furthermore, they must provide evidence of the abuse or hardship, which could include police reports, medical records, and court records.

13. Can I bring family members with me if my application for an I-751 Waiver Based on Abuse or Extreme Hardship is approved?

Yes, if your application for an I-751 Waiver Based on Abuse or Extreme Hardship is approved, you may bring your family members with you to the United States. However, they must also apply for their own individual visas.

14. Is there a time limit for filing an application for an I-751 Waiver Based on Abuse or Extreme Hardship?

Yes, you must file Form I-751 within one year of the expiration of your conditional residence status in order to be eligible for the waiver. If you do not file before the expiration date, your status will automatically terminate and you may be subject to removal from the United States.

15. Can a minor child apply for an I-751 Waiver Based on Abuse or Extreme Hardship?

Yes, a minor child can apply for an I-751 Waiver Based on Abuse or Extreme Hardship. However, the child must be under 21 years of age and have at least one parent who obtained conditional residence status. The child must submit evidence of the abuse or hardship they experienced.

16. How do I update my address with USCIS if my application for an I-751 Waiver Based on Abuse or Extreme Hardship is approved?

If your application for an I-751 Waiver Based on Abuse or Extreme Hardship is approved, you must inform USCIS of any address changes. You can do this by submitting Form AR-11, Alien’s Change of Address Card. If you are in the United States, you may also be able to update your address online through the USCIS website.

17. Are there any penalties associated with filing false information when submitting an application for an I-751 Waiver Based on Abuse or Extreme Hardship?

Yes, filing false information when submitting an application for an I-751 Waiver Based on Abuse or Extreme Hardship may result in fines, imprisonment, or both. Individuals who knowingly file false information may also be subject to removal from the United States.

18. Does approval of an application for an I-751 Waiver Based on Abuse or Extreme Hardship guarantee lawful permanent residence in the United States?

No, approval of an application for an I-751 Waiver Based on Abuse or Extreme Hardship does not guarantee lawful permanent residence in the United States. The approval of the waiver only allows the person to apply to adjust status and receive a green card if all other requirements for lawful permanent residence are met.

19. Can the decision to approve or deny an application for an I-751 Waiver Based on Abuse or Extreme Hardship be appealed?

Yes, the decision to approve or deny an application for an I-751 Waiver Based on Abuse or Extreme Hardship can be appealed. The appeal must be filed with the Administrative Appeals Office (AAO) of U.S. Citizenship and Immigration Services (USCIS).

20. Are there any other waivers that may be available to me if my application for an I-751 Waiver Based on Abuse or Extreme Hardship is denied?

It is possible that other waivers may be available to you if your application for I-751 Waiver Based on Abuse or Extreme Hardship is denied. These waivers include: I-601 – Extreme Hardship Waiver, I-212 – Permission to Reapply After Deportation/Removal, I-601A – Provisional Unlawful Presence Waiver, and I-601A – Provisional Unlawful Presence Waiver for Immediate Relatives. Depending on the facts of your case, one of these waivers may be available to you.