WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender.

Legal Information: Federal

Immigration

View all
Updated: 
January 30, 2018

Who is eligible for a battered spouse or child waiver?

You may be eligible for a battered spouse or child waiver if you meet all of the requirements below:

  • you have conditional legal permanent residence as the spouse of a US citizen (USC) or legal permanent resident (LPR) because your marriage was less than two years old when you obtained your residence; or you have conditional legal permanent residence as a child because your parent’s USC spouse filed a petition for you and the marriage was less than two years old when you obtained your residence;
  • the marriage that is the basis for conditional residence was a good faith marriage; and
  • during the marriage, the spouse or child was battered or subjected to extreme cruelty by the USC or LPR abuser.* "Extreme cruelty" is any form of power and control and includes, but is not limited, to the following: being the victim of or threatened with an act of violence, forcible detention that results in physical or mental harm, psychological or sexual abuse, rape, molestation, incest, and forced prostitution.**

* INA § 216(c)(4)(C)
** 8 CFR § 216.5(e)(3)(i)