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.
|