Short answer: No. As a conditional resident, you do not have to stay in an abusive or unsafe relationship with a U.S. citizen because of your immigration status.
It’s true that people with conditional, not permanent residence do not yet have a secure, long-term immigration status in the United States. Conditional status is given to non-citizens who had been married for less than two years when they received U.S. residency (often referred to as a “green card”), with the idea that they’d need to apply for permanent residency, with the help of the U.S. citizen spouse, in another two years.
This system gives U.S. immigration authorities a chance for a second look at whether the marriage is truly bona fide, or real. The non-citizen can, however, lose status and be deported for either failing to submit this second application or failing to prove that the marriage is bona fide.
Unfortunately, a U.S. citizen spouse who has become physically or emotionally abusive might not be willing to help you file this second application (the one by which you would go from conditional to permanent residency). Worse still, your U.S. citizen spouse might try to control you at this stage of the process, using threats of immigration enforcement, like “I will have you deported” or “You don’t have any rights.”
Particularly if you are unfamiliar with U.S. laws, these threats might seem based in truth. However certain federal protections apply to all people, regardless of their immigration status in the United States. What’s more, the possibility of going from conditional to permanent resident status is not yet lost to you.
WARNING: When looking for help as a victim, whether for domestic violence, child abuse, elder abuse, or dependent adult abuse, remember to consider how private your computer, Internet, and phone use are. Consider whether there's anything you can and should do to prevent someone else from learning that you’re doing research or seeking help. (Some victims, for instance, might use the same computer as the abuser or might have a phone plan that allows the abuser to see the calls they make and receive.)
You have the right to call the police to report a crime, regardless of your immigration status. You can report a crime to the police even after the crime occurred. The easiest way to report a crime is by calling 9-1-1, from anywhere in the United States.
Local police agencies that answer 9-1-1 calls are not the same as the immigration “police.” In some instances, however, the immigration “police” agency (officially called Immigration Customs Enforcement or “ICE”) works in partnership with local police agencies. That means, for example, that you might see ICE officers at police department stations and courthouses.
If you do have contact with ICE, you a right to remain silent. You do not have to answer questions about your immigration or citizenship status, where you were born, or how you came to the United States. You do not have to consent to a search of your body or your belongings.
If you feel unsafe with your spouse, you can also seek protection from the court system. You can ask the state court for a domestic violence restraining order–sometimes called a “DVRO” or “Order of Protection.” A restraining order is a legal protection granted by a state court to stop your spouse from certain activity and in some cases, all contact with you. To find out more about the process of getting a restraining order, contact your local state court or an attorney.
To locate other resources for domestic violence victims, contact the National Domestic Violence Hotline at 1-800-799-7233.
Ordinarily, someone who receives two-year conditional residency must file with his or her U.S. citizen spouse to request permanent residency. It’s done by submitting Form I-751 (signed by both spouses), plus a filing fee (or fee waiver request on Form I-912), as well as supporting documents, to United States Citizenship and Immigration Services (USCIS).
What to do if your sponsoring U.S. spouse has abused you and will not cooperate in helping fill out or sign the joint petition depends on where you are in the immigration process.
If your spouse has promised to file the I-751 but has not done so, you can file the I-751 Petition to Remove Conditions on Residence on your own and request a waiver of the joint filing requirement. The different waivers are listed on Form I-751, Part 3. Basis for Petition “Waiver or Individual Request.”
If your spouse has already filed the I-751 and it's still pending (awaiting a USCIS decision), you can contact USCIS in writing and ask that the petition be changed from a joint to a waiver filing. Make sure to also update your mailing address using Form AR-11, if you have moved or no longer receive mail at home.
Average processing times for Form I-751 are around 23 to 45 months (as of 2019), so the waiting period could be years long. If you have a pending petition and are unsure of its status, check USCIS online.
If your abusive U.S. citizen spouse hasn’t yet filed the I-751, you have the option to request a waiver of the joint filing requirement, and file on your own. This is commonly called the “battery/cruelty” waiver. To request it, you will need to file Form I-751 checking box 1.e. under Part 3, Waiver or Individual Filing Request (on the 12/05/17 version of Form I-751). For more detailed instructions, including what documents to provide, see How to Request Abuse-Based Waiver When Filing I-751 Without U.S. Spouse.
Unlike the joint filing, you can file a battery/cruelty waiver at any time, before or after your conditional residency status expires. If unsure of when your conditional residency ends, look at the front of your green card, which shows the expiration date. Carefully calendar this date.
If you are placed in removal proceedings, you still have the option to file the I-751 petition, so you should seek an attorney’s help.
