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Immigrant related Frequently Asked Questions 

I came here after marriage to my US citizen spouse. I have been here for little more than a year. My spouse and I are not getting along. I understand that we have to file a joint petition of some kind to get my permanent green card. What can I do?

In order to remove the conditions from your permanent residency, before the two-year time period of conditional residency is concluded, the spouses must usually file a joint petition to remove the conditions on your permanent residency.
Certain alien spouses, however, may self-petition in order to remove the conditions on permanent residency and get the permanent green card. A self-petitioning spouse should file Form I-360 before the two-year time period has concluded.

Requirements for Self-Petitioners

The Self-petitioner must be a spouse or child of a US citizen (USC) or lawful permanent resident (LPR) The Self-petitioner spouse or child must be eligible for immigrant classification as an immediate relative of a US citizen or permanent resident based on the relationship to the abuser (ie: YOU MUST STILL BE MARRIED TO THE USC OR LPR AT THE TIME OF FILING THE APPLICATION) The Self-petitioner must be residing in the United States and must have resided with the abuser in the United States The Self-petitioner must have been abused by the USC or LPR spouse or parent (the alien parent of a child who was abused by a USC or LPR may also file a self-petition) Self-Petitioner must be a person of good moral character for the three years immediately before the filing of the application (only applies to aliens over 14 years of age)
The Self-petitioner must be a person whose deportation will result in extreme hardship to himself, herself, or his or her child The Self-petitioning spouse entered the marriage with the abusive USC or LPR in good faith

Any child of the self-petitioning spouse may also be included in the self-petition. No separate petition is required for a child to receive derivative benefits of the self-petition and the child is not required to have been the victim of abuse or satisfy any of the other criteria for a self-petition.

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