I hope someone can give me some info on this. My friend has filed for the lifting of conditions on her green card. She left her husband a couple of weeks ago (abusive relationship). I know this and have seen it myself personally. He has threatened to have her sent back to her home country if she does not return to him. Can he doe this? What recourse can she have to be able to stay in this country but not with him. There have never been any police reports or anything like this so what can she do?

I think she needs to consult that with an immigration lawyer. I know that there is a law for battered women to get their legal papers, but she needs a professional opinion regarding this matter.

yes mononoke i think you r right
i eveen read somewhere sometime that acc to some new law the conditions from green card can be removed as soon the conditional gc holder enters states so no need to wait that long
but i hope someone can enlighten us more

HI!
She should hire and immigration and divorce attorney if its necessary.
If she moved out ,she need to file the Ar -11 Change of adress form.
Her husband can't send her back i think.
If she is gonna get divorced she should file another I-751 on her own,but if she is not divorced and still married ,i guess she should just wait.
I am really sorry to hear that and its very difficult to prove the emotional abuse ,only the good lawyer can help.
Best wishes.

HI!
She can also go to the Police and get the retsraining order that he is threatenening her and she is afraid of him as his threats can actually turnin to the physical abuse at some point.She should just go there and tell them how scared she is,but i am not sure how this effect the Removal of conditions procedure.
Best wishes.

This is not correct. A CR1 has to wait until 90 days before his/her GC expires before he/she can file for removal of condition. If, however, the marriage ends in a divorce before the 2 years are up, then the CR1 holder does not have to wait until 90 days before expiration of GC to submit the I-751.

Michelley, I hope your friend took with her the complete set of documents that she submitted with the application to remove conditions on her green card. The only way her husband can have her sent back is if he will allege to immigration authorities that your friend married him just to get a green card. That is why it is important for your friend to secure documents that will prove their marriage was entered into in good faith.

As to her application to remove conditions, she does need to seek legal advise about this. The situation is complicated by the fact that she has left her husband after they had filed the I-751 jointly. She can either (a) let the application run its course and pray that she will not be called for interview; or (b ) withdraw the application, file for divorce and then re-file the I-751 on her own.

I am not sure how well option (a) will sit with USCIS if they find out that she has left her husband and it's probable that the marriage is over.

Unless the USC husband requests from USCIS that the jointly filed I-751 be withdrawn, in which case the alien will be out of status, and forced to wrap up the divorce quickly in order to file a waiver, then the alien might just as well leave the joint petition in place until the divorce is finalised, then replace it with a waiver. If a divorce occurs during the pendency of a jointly filed I-751, and that joint petition is adjudicated after the parties are legally divorced, the residency conferred through successful adjudication of the joint petition is at risk of revocation.