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Abuse Waiver
I-751 Abuse Waiver: Removing Conditions After Battery or Extreme Cruelty
If you hold a conditional green card and have experienced battery or extreme cruelty by your U.S. citizen or lawful permanent resident spouse,
you do not need your spouse’s cooperation to remove conditions. The I-751 abuse waiver allows you to file Form I-751 independently, without
your abuser’s knowledge or involvement.
People often find this page through searches like “I-751 abuse waiver,” “battery or extreme cruelty I-751,” or “remove conditions without spouse” or “I-751 vawa waiver.”
Those are all the same thing and though the waiver is not based in VAWA, the core issues are essentially the same: you must show (1) a good-faith marriage and (2) battery or extreme cruelty during the marriage.
The abuse waiver offers key advantages: confidentiality protections, flexible filing timing,
and an evidentiary standard that allows “any credible evidence.”
If you are considering an abuse-based I-751 waiver, you can start a confidential intake here.
The intake allows me to evaluate whether the abuse waiver may apply and how USCIS typically assesses these claims. You do not need to upload documents or provide sensitive details at this stage.
Submitting the intake does not create an attorney-client relationship.
Start Confidential Intake
Or call (872) 222-9077
On this page
Quick answers (click to expand)
Do I have to be divorced to file the I-751 abuse waiver?
though many survivors do choose to separate for safety reasons.
Will USCIS contact my spouse about my petition?
You may also use a “safe address” for correspondence.
Is there a filing fee for the I-751 abuse waiver?
fee tools or official instructions before you file.
What if I do not have police reports or medical records?
professional evaluations, communications, and other reliable records.
Can I remove conditions without my spouse’s cooperation?
good-faith marriage. For the overall removal-of-conditions process, see:
Form I-751: Remove Conditions Overview.
Can I travel while my abuse waiver is pending?
facts; consider getting legal advice before international travel.
Who Qualifies for the Abuse Waiver
You may file for the abuse waiver if you are a conditional permanent resident and you or your child was battered or subjected
to extreme cruelty by your U.S. citizen or lawful permanent resident spouse during your marriage. Children who were abused by a
U.S. citizen or lawful permanent resident stepparent may also qualify.
To establish eligibility, you must demonstrate:
- You hold conditional permanent resident status based on your marriage
- Your marriage was entered in good faith (not for immigration purposes)
- You or your child experienced battery or extreme cruelty by your spouse during the marriage
Importantly, you do not need to be divorced or separated to file the abuse waiver. You can file while still married to your abuser.
If you are also divorced (or will be), some applicants qualify under more than one waiver category. See:
I-751 Divorce Waiver.
Understanding Battery and Extreme Cruelty
USCIS treats “battery or extreme cruelty” broadly to include both physical violence and non-physical abuse.
Battery (Physical Abuse)
Battery includes acts of physical violence or threats of violence that cause or threaten physical injury. Examples can include
punching, slapping, pushing, choking, kicking, restraining, and forced sexual contact. Physical violence does not always result in visible injury.
Extreme Cruelty (Non-Physical Abuse)
Extreme cruelty can include psychological, emotional, and controlling conduct used to dominate, control, or humiliate. USCIS considers both the conduct
and its impact, including patterns over time.
Examples can include:
- Threatening to report you to USCIS or use immigration status as leverage
- Refusing to file the joint I-751 petition as a means of control
- Threatening harm to you, your children, or other family members
- Monitoring communications, isolating you, or restricting movement
- Controlling finances or withholding necessities
- Destroying property or humiliating you publicly
- Using children as a tool of control or threatening custody actions
USCIS often evaluates patterns of conduct. Conduct that may appear “small” in isolation can support a claim when it is part of a broader pattern of coercive control.
Professional Evaluation (Often Helpful in Extreme Cruelty Cases)
If you are filing based on extreme cruelty (psychological abuse) rather than documented physical battery, a licensed professional evaluation (for example, from an LCSW,
psychologist, or psychiatrist) is often critical. A strong evaluation explains the conduct, its impact, and the professional’s credentials and basis for opinions.
In physical battery cases with strong documentation (police reports, medical records, photographs), an evaluation may still be helpful, but it is not always necessary.
No Filing Fee (If Eligible)
USCIS has provided fee exemptions for qualifying I-751 abuse waiver filings. Because fee policies can change, confirm the current fee treatment
using USCIS’s official fee tools or the most current I-751 instructions.
Practical impact: If you qualify for the abuse waiver fee exemption, you may pay nothing to file Form I-751 under this waiver category.
When to File: Flexible Timing
Unlike the joint I-751 petition (which is usually filed in the 90-day window before the card expires), the abuse waiver can be filed at any time after you become
a conditional resident. You do not need to wait for the 90-day window.
You can file:
- After receiving your conditional green card (if abuse has occurred)
- Before your conditional residence expires
- After your conditional residence has expired (though delay can carry risk)
If your conditional residence has already expired, USCIS can still accept your petition, but waiting too long can increase the risk of enforcement action.
Filing promptly can help stabilize your status and work authorization.
Confidentiality Protections (8 U.S.C. § 1367)
One of the most important protections for abuse waiver applicants is statutory confidentiality under 8 U.S.C. § 1367. After you file, USCIS must protect information
about your case, including:
- Whether you filed an abuse waiver
- Your whereabouts
- Information you provided in your petition
USCIS generally cannot disclose this information to your abuser or anyone acting on your abuser’s behalf, and your spouse is not notified that you filed.
Safe Address Procedures
You may provide a “safe address” where you can securely receive mail (for example, a shelter, your attorney’s office, or a trusted friend).
You do not need to live at the safe address.
Prohibited Source Rule
USCIS generally cannot base an adverse decision solely on information provided by an abuser or someone acting at the abuser’s direction.
This helps prevent sabotage of a survivor’s immigration case.
Evidence for the Abuse Waiver
The abuse waiver allows USCIS to consider “any credible evidence.” This is designed to recognize that many survivors do not have extensive documentation.
You must still prove a good-faith marriage. For general evidence ideas, see:
Evidence for Marriage Green Card.
Evidence of Battery or Extreme Cruelty
Submit as much documentation as you safely can, including:
- Police reports: domestic violence calls, arrests, investigations
- Court records: orders of protection, restraining orders, criminal case documents, divorce filings referencing abuse
- Medical records: ER visits, doctor’s notes, photographs of injuries
- Mental health records: therapy records, counseling notes, psychiatric evaluations
- Shelter records: documentation from shelters where you stayed
- Professional evaluations: reports from licensed clinicians (often critical in extreme cruelty cases)
- Communications: threatening texts/emails/voicemails/letters/social media messages
- Affidavits: statements from witnesses who observed the abuse or its effects
- Your personal statement: a detailed declaration in your own words
Your Personal Statement
A strong personal statement often carries significant weight. It should:
- Describe specific incidents with dates, locations, and details
- Explain patterns of controlling behavior over time
- Describe the physical and emotional impact
- Identify witnesses to specific incidents (if any)
- Explain why you may lack certain documentation
If certain events are difficult to describe, you can note that a counselor or advocate’s letter provides additional detail.
Evidence of Good-Faith Marriage
Like all I-751 waivers, you must still prove your marriage was entered in good faith.
- Joint financial documents (bank accounts, tax returns, credit cards)
- Shared residence documentation (leases, mortgages, utility bills)
- Photos from your life together (not just the wedding)
- Birth certificates of children born during the marriage
- Insurance policies listing each other as beneficiaries
- Affidavits from people who knew you as a married couple
Filing the I-751 Abuse Waiver
To file the abuse waiver, complete Form I-751 and select the appropriate basis in Part 3 (Basis for Petition):
- Box 1.e: Conditional resident spouse battered or subjected to extreme cruelty
- Box 1.f: Conditional resident child battered or subjected to extreme cruelty by a parent or stepparent
You may check multiple boxes if you qualify for more than one waiver category. For example, if you experienced abuse and are now divorced,
you may qualify under both the abuse waiver and divorce waiver categories.
Filing Checklist
- Form I-751 (use the current edition listed by USCIS)
- Copy of your conditional permanent resident card (front and back)
- Evidence of battery or extreme cruelty
- Evidence that your marriage was genuine
- Your personal statement
- Professional evaluation (often critical in extreme cruelty cases)
- Certified English translations of any foreign-language documents
You may file by mail to the USCIS address listed in the instructions. USCIS has also offered online filing for I-751 in some contexts; verify availability before relying on it.
Converting from a Joint Petition to an Abuse Waiver
If you previously filed a joint I-751 and circumstances changed, you can request to convert the filing to an abuse waiver. Submit a written request to the USCIS office
that issued your receipt notice, or make the request at your interview.
When you convert to an abuse waiver, USCIS may update case handling procedures to protect confidentiality, including safe address processing.
After You File: What to Expect
Receipt Notice and Status Extension
After USCIS receives your petition, you should receive a receipt notice (Form I-797) extending conditional resident status. Keep the receipt notice with your green card
as proof of continued status while the case is pending.
Biometrics Appointment
USCIS may schedule a biometrics appointment at an Application Support Center (ASC).
Interview
Abuse waiver cases are often scheduled for interviews. You attend alone—your abuser is not required to attend and is generally not notified that you filed.
Prepare by reviewing your evidence and being ready to describe incidents and the marriage history. Counsel can accompany you.
Decision
If approved, USCIS removes conditions and issues a 10-year green card. If USCIS needs more information, you may receive an RFE.
If denied, conditional status may terminate and removal proceedings may follow. Because the stakes are high, strong evidence and careful preparation matter.
Abuse Waiver vs. VAWA Self-Petition (Form I-360)
The I-751 abuse waiver and the VAWA self-petition (Form I-360) serve different populations:
- I-751 abuse waiver: for conditional permanent residents who already have a green card and need to remove the two-year conditions
- VAWA self-petition (I-360): for abused spouses or children who do not yet have a green card and need a path to permanent residence independently
If you already hold a conditional green card, the I-751 abuse waiver is typically the appropriate path. If you were abused but never obtained conditional residence through the marriage
(for example, if your spouse never filed or withdrew the case), a VAWA self-petition may be the route to permanent residence.
Common Questions (click to expand)
Do I have to be divorced to file the abuse waiver?
Will USCIS contact my spouse about my petition?
What if I don’t have police reports or medical records?
counselor letters, communications, and other credible evidence can be relevant.
Is there a filing fee for the abuse waiver?
using USCIS’s official fee tools or the most current I-751 instructions.
Do I need a professional evaluation?
a licensed professional evaluation is commonly important and can materially strengthen the filing.
Can I travel while my abuse waiver is pending?
What if my case is denied?
Resources for Survivors of Domestic Violence
If you are in immediate danger, call 911. For confidential support and resources:
- National Domestic Violence Hotline: 1-800-799-7233 (24/7; interpretation in many languages)
- Illinois Coalition Against Domestic Violence: ilcadv.org
- Between Friends Chicago: 1-800-603-4357
Chicago Immigration Attorney for I-751 Abuse Waiver Cases
The abuse waiver can provide a path to permanent residence for survivors of domestic violence, but the process requires careful evidence compilation,
attention to confidentiality procedures, and interview preparation.
If you are a conditional permanent resident who has experienced battery or extreme cruelty, you can start a confidential intake.
We can evaluate your situation and advise on next steps.
53 W. Jackson Blvd., Suite 1234
Chicago, IL 60604
Phone: (872) 222-9077
Email: info@jrandolphlaw.com