Legal Question in Immigration Law in Alaska

Re: removal of conditions after divorce

At the outset, you should not file for a divorce until you hire or consult with a divorce attorney in your state who is familiar with immigration issues.

With regards to your immigration matters, unfortunately, some U.S. Citizens and Lawful Permanent Residents ("LPR") misuse their control of this process to abuse their family members or threaten to report them to the Bureau of Citizenship and Immigration Services ("BCIS"). As a result, most battered immigrants are afraid to report the abuse to the police or other authorities.

Pursuant to the Violence Against Women Act (“VAWA”) passed by Congress in 1994, spouses and children of U.S. Citizens or LPRs may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser. Victims of domestic violence should know that help is available to them through the National Domestic Violence Hotline on 1-800-799-7233 or 1-800-787-3224 [TDD] for information about shelters, mental health care, legal advice and other types of assistance, including information about self-petitioning for immigration status.

Usually, you and your spouse must apply together to remove the conditions on your residence. You would normally apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.

If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement.

If you have any more questions pertaining the immigration aspects of your case, please contact my office at (212) 618-1830.