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What USCIS form to file for self-petition to remove conditions on residence based on marriage (VAWA)

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my spouse and I are separated but still married. No divorce process has been started yet because i removed my baby son and I from the abusive relationship and moved out of the state of California where we were living. My conditional green card is about to expire in a few days and he is refusing to sign the form I-751 to remove my condition on residence. Can I self petition using this form under the basis for petition waiver request filing option 1.e. I entered the marriage in good faith, and, during the marriage, I was battered, or I was the subject of extreme cruelty, by my U.S. Citizen or permanent resident spouse.
Or should I file the form I-360 and in the USCIS website says there is no fee for battered and abused spouses self petition. Can someone help me clarify this information?

3 Attorney Answers

Best Answer
Even if any trained counsel suggests the correct forms to file, I would strongly admonish you to work with a licensed immigration professional prior to submitting them as even reading the forms' instructions a layperson may make inadvertent omissions and mistakes that will impact the end result of that case completion negatively.
Best Answer
Generally speaking, you can file a I-751 waiver for joint filing to remove conditions of your conditional green card due to abuse/battering by the US Citizen spouse. A fee waiver is available should you be unable to afford the cost of the form. The I-360 form is for individuals who have not yet received a conditional green card as a result of marriage to a US Citizen. Should you have further questions/concerns regarding the process, I would advise that you speak with an immigration attorney in your area. Best of Luck!

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