Self- Petition to Remove Residency Conditions (Form I-751) as a Victim of Domestic Violence

There are many situations in which you can self-petition to remove the conditions of your Green Card and obtain legal permanent residency. One of them is being a victim of domestic violence and as the success story below shows, no one should ever stay in an abusive relationship for fear of immigration consequences or any other reason.

Nina met her husband, Jay, a U.S. Citizen, while they were studying at the same University in Boston. They had similar interests, backgrounds, and plans for the future. As their relationship grew more serious, they spent a great deal of time together, even traveling for the holidays with his parents. No one was surprised when they got engaged and then married before they even graduated.

As a wedding present, Nina’s parents helped them buy an apartment so they could start their life together. Nina and Jay applied for her residency with USCIS and within 10 months, she was granted status as a Legal Permanent Resident for 2 years.

There were troubling signs, however, even during the early stages of their relationship, including an incident at Nina’s dormitory when the campus police had to intervene and remove Jay, ordering him to stay away from that building.

After they were married, things quickly deteriorated. Jay was secretly gambling and using Nina’s money and their property to finance it. In no time, Jay lost nearly everything they had, and instead of seeking help, he became increasingly controlling and abusive. It reached a point that he even hit Nina in public, at an airport, when she questioned him.

Nina was in a terrible situation. She was trying to finish her last year of college, she was in a country without family, her legal status would expire the following year, and she was in a relationship that was abusive both physically and emotionally.

Fortunately for Nina, she had a friend, and that friend helped her search for a law firm that could help, and made her an appointment at FitzGerald Law Company.

During the first meeting Nina had with Attorney FitzGerald, it was clear that she was in a dangerous situation and she needed protection and support, so attorney FitzGerald formed the following strategy. First, he requested a Restraining Order from the Court that would provide her with immediate protection and a safe space. Additionally, Attorney FitzGerald negotiated with Jay and obtained an agreement that he would complete an anger management program and return all of the stolen funds. Finally, he helped Nina file an I-751, Self-Petition, to remove the conditional status of her residency, due to the Domestic Violence she had suffered.

It did not take long for Jay to show that he was insincere about his commitment to rehabilitate himself and to repay Nina, so Nina filed for Divorce. With strong documentation of the Domestic Violence she had suffered, her divorce proceeding provided additional support for her I-751, which was ultimately granted by USCIS. With her permanent residency, in hand, and a series of successes in Court with her Restraining Order, Nina was able to convince the Divorce Court that Jay was not complying with the order to repay the stolen funds, and he was held in “contempt” and sent to prison.

Nina is a great example to us all and we are so proud of her. She did not allow her experience as a Victim of Domestic Violence to define her future. She found the strength and the courage to stand up for herself, and as a result she was able to graduate from college, obtain her Permanent Immigration Status, start her professional career and have the feeling that she can accomplish anything she sets her mind to.