Lawyers Manual - Unified Court System

Representing Immigrant Victims of Domestic Violence 347
34. Conditional residence is theoretically available to immediate relatives of
lawful permanent residents as well; however, because of the current
waiting period to process family petitions for LPR relatives, it is practically
only given to spouses of US citizens.
35. Form I-751, http://www.uscis.gov/graphics/formsfee/forms/i-751.htm (last
updated May 16, 2006).
36. Conditional residence is also theoretically available to the spouses of
lawful permanent residents, but, because of the extensive waiting period, it
is essentially unavailable.
37. INA § 216(c)(4)(C); 8 CFR § 216.5(a)(1)(iii).
38. 8 CFR § 216.5(e)(3).
39. For the regulatory definition of physical battery or extreme cruelty as it
applies to waivers for conditional residents, see 8 CFR § 216.5(e)(3)(i).
40. Form I-551. The card appears identical to a Permanent Resident Card but
bears a two-year expiration date.
41. 8 CFR § 216.5(e)(3)(ii).
42. Id.
43. 8 CFR § 216.5(a)(1)(ii). A third waiver exists for individuals whose
deportation or removal would result in “extreme hardship.” 8 CFR
§ 216.5(a)(1)(i).
44. The USCIS website also posts information about filing fees, fee waivers
and form updates. Form I-751,
http://www.uscis.gov/graphics/formsfee/forms/i-751.htm (last updated May
16, 2006). Updates for filing instructions may also be obtained by calling
the USCIS National Service Center at (800) 375-5283.
45. Form G-28, which should be included with all VAWA applications filed
with USCIS, http://www.uscis.gov/graphics/formsfee/forms/g-28.htm (last
updated Jan. 28, 2006).
46. Appointments may be made through the USCIS “Infopass” system,
http://www.infopass.uscis.gov (accessed Sept. 8, 2006).
47. 8 CFR § 216.5(f).