Q: Concerns about immigration status and spousal abuse during pending i-751 and N-400 applications.

A: First, from a safety standpoint, you should seek a protective order and support from local domestic violence organizations. Immigration law also provides strong protections:

For your I-751 (removal of conditions), you can request a waiver based on abuse. You do not need your husband’s cooperation if you can show evidence of abuse (police reports, witness statements, etc.).

For your N-400 (naturalization), USCIS can still approve if you meet the requirements, even if your marriage has broken down, provided you are eligible under the 5-year rule.

You may also qualify under VAWA (Violence Against Women Act) protections.

It’s very important you switch to an attorney with experience in both VAWA and family-based waivers so you can protect your status independently from your abusive spouse.

A: Just as others have already stated in other replies, consider scheduling a consultation with an attorney other than the attorney who represented both you and your spouse. Your Petition to Remove Conditions case may be converted into an abused spouse petition with proper documentation. This would allow you to continue in that case without your spouse's involvement. Consider also seeking a protective order if you feel as though your safety is threatened.

A: I’m very sorry you are experiencing this abuse. Your safety is the top priority. You should consider contacting local law enforcement immediately if you feel unsafe, and look into obtaining a protective order or restraining order against your husband. Keep detailed records of any abusive incidents, including police reports, photographs of damage, and communications that demonstrate threats or harassment.

Regarding your immigration status, you may be eligible to request a waiver or file under provisions for individuals facing spousal abuse, such as under the Violence Against Women Act (VAWA). This can allow you to continue your I-751 petition independently of your spouse, protecting your path to permanent residency even if your marriage has ended due to abuse. You will need a qualified immigration attorney to help file these petitions and guide you through the process safely.

If your current attorney has a conflict of interest, reach out to other immigration attorneys or legal aid organizations experienced in domestic violence cases. You may also contact local advocacy groups that assist survivors of abuse with both legal and safety planning. Make sure you keep all appointments with USCIS, bring any documentation of abuse, and clearly explain your circumstances at your interview to protect both your immigration status and your personal safety.