C was abused by her spouse and seeks to protect herself and her child. Help C obtain the ...
- Client Location: Brooklyn
- Type of Relief: I-751 Petition to Remove Conditions on Residence in Removal Proceedings
If you are interested in this case, click the link to the right to let Catholic Charities know!
Facts: C is a 42-year-old woman from Barbados who came to the U.S. to escape an abusive relationship and seek a better life for herself. C and her mother entered the U.S. on a B-2 visitor’s visa in October 1998 and eventually settled in Brooklyn in a strong Caribbean community. C met her husband M in 1999 and they dated for many years. In 2013, the couple married, and M filed a filed a Form I-130, Petition for Alien Relative on C’s behalf. C concurrently submitted a Form I-485, Application for Adjustment of Status, and was granted conditional permanent residence in April 2015. A few months later, M became abusive, and C left their marital home. C had experienced an abusive relationship earlier in her life, and she wished to protect herself and her neurodivergent son. C’s son, J, is an eleven-year-old U.S. citizen who has autism. J is in specialized classes in school, but still struggles with some subjects and with communication, and relies on C to take care of him and to manage his medical care and therapy. In or around April 2017, C attempted to file a Form I-751, Petition to Remove the Conditions on Residence, with a request to waive the joint filing requirement because she had been abused by her spouse. Her petition was denied because she did not have enough evidence to demonstrate that her marriage was bona fide and that her spouse was abusive. C submitted a timely Motion to Reopen her denied I-751 petition, which was also denied.
Legal Assessment: C’s case was subsequently referred to Immigration Court and she needs a dedicated pro bono attorney to re-file her I-751 with USCIS or, alternatively, to defend her denied I-751 before the Immigration Judge.
C is an English-speaking client.
- Lawful Permanent Residency
- Abused Spouses and Children/VAWA
- Immigration Court