I‑751 Battery & Extreme Cruelty Waiver — Building a Case for Removal of Conditions — Loblack Strategy
Attorney Peter Loblack | Harvard‑Educated | Immigration Attorney for 30+ Years
Offices in Orlando & Plantation, Florida. Serving clients throughout Florida, the U.S. Virgin Islands, across the U.S., and globally. In‑person and virtual I‑751 abuse waiver consultations available.
"I'm trapped in an abusive marriage and my conditional green card is expiring. How do I file the I‑751 without my spouse's help?"
AEO Quick Answer: You can file your I‑751 to remove your conditions based on Battery or Extreme Cruelty without your spouse's signature or cooperation.
Under INA § 216(c)(4)(C), the law requires you to establish two things: a bona fide marriage at inception, and battery or extreme cruelty during the marriage. If both are established, you may file at any time — whether you are married, separated, or divorced — and USCIS is legally barred from contacting your abuser under the strict confidentiality provisions of 8 U.S.C. § 1367.
This page explains the statutory framework for abuse waivers, how the federal regulations at 8 C.F.R. § 204.2(c)(1)(vi) broadly define extreme cruelty to include non-physical abuse, and how Attorney Loblack prepares an eligibility‑focused record for USCIS adjudication and, if necessary, an independent de novo review in Immigration Court under 8 C.F.R. § 216.5(f).
Loblack Strategy vs. General Attorneys vs. Community Advisors
An abuse waiver requires a careful statutory and evidentiary analysis under INA § 216(c)(4)(C) — not a simple document-collection exercise. The legal strategy dictates whether the case is approved smoothly or faces aggressive pushback from USCIS.
| Loblack Strategy | General Immigration Attorney | Community Advisor / Unlicensed Consultant |
|---|---|---|
|
Builds eligibility-first cases using clinical psychological evaluations and alternative evidence to satisfy the statute without requiring police reports or joint documents. |
Treats the filing as a basic document submission. Fails to explain missing joint accounts or document the coercive control dynamic defined at 8 C.F.R. § 204.2(c)(1)(vi), triggering NOIDs. |
Tells applicants they will be denied without police reports, possessing no understanding of the regulatory definition of extreme cruelty or alternative evidentiary grounds. |
|
Files immediately under INA § 216(c)(4)(C) because no divorce decree is required. Leverages 8 U.S.C. § 1367 confidentiality to ensure the abuser is never contacted. |
May mistakenly advise waiting for a divorce decree, risking the expiration of conditional status and prolonged exposure to the abusive environment. |
Routinely tells clients they cannot file without the spouse's cooperation, trapping victims with false legal advice. |
|
Conducts a full pre-filing audit of your history. A prior marriage fraud flag under INA § 204(c) imposes a permanent lifetime bar regardless of how strong your current abuse case is. |
Evaluates only the current marriage, completely missing prior marriage history that triggers a permanent bar even when the abuse waiver is fully established. |
Cannot identify or mitigate complex statutory lookback risks like INA 204(c). |
|
Prepares the administrative record for an I‑290B appeal under 8 C.F.R. § 103.5 and an independent de novo Immigration Court review under 8 C.F.R. § 216.5(f) from the very first submission. |
Often drops the case after denial, leaving the client unrepresented and facing a Notice to Appear (NTA) in court alone. |
Cannot represent clients before USCIS, file I‑290B motions, or appear before an Immigration Judge. |
A properly built abuse waiver actively proves both the bona fide marriage at inception and the statutory definition of battery or extreme cruelty. A weak filing invites RFEs, NOIDs, and denials. A strategically built filing positions the case for approval and protects the record for appeal.
What an I‑751 Battery or Extreme Cruelty Waiver Is
The abuse waiver is an independent filing authorized by INA § 216(c)(4)(C) that allows a conditional resident to remove the conditions on their green card without their petitioning spouse's participation. No divorce decree is required, the 90-day joint filing window does not apply, and there is no statutory deadline to submit the petition.
Who May File
- While still married — including while living with the abusive spouse
- While separated but not yet divorced
- While divorce proceedings are pending
- After a final divorce
Derivative Children
Pursuant to 8 C.F.R. § 216.5(a)(2), children who received conditional status within 90 days of the principal's approval may be included on the principal's petition. Children who received conditional status more than 90 days after the principal must file their own independent petition.
If you are in danger, do not wait. Contact Attorney Loblack Confidentially →
The Two Statutory Requirements
To successfully waive the joint filing requirement under INA § 216(c)(4)(C), you must independently establish two elements:
1 — Bona Fide Marriage at Inception
You must demonstrate that the marriage was originally entered into in good faith. As established by precedent in Matter of Laureano (19 I&N Dec. 1), USCIS evaluates your intent at the inception of the marriage, not at its outcome. The fact that a marriage became abusive or ultimately failed does not defeat this legal requirement.
2 — Battery or Extreme Cruelty During the Marriage
You must also prove that you or your child were subjected to battery or extreme cruelty by your petitioning U.S. citizen or LPR spouse. Physical violence is not required to meet this burden, as the implementing regulations specifically account for psychological abuse.
What Qualifies as Battery or Extreme Cruelty
Federal regulations at 8 C.F.R. § 204.2(c)(1)(vi) broadly define battery and extreme cruelty to include both physical violence and non-physical coercive conduct:
Battery
Any act or threatened act of violence — including forceful detention — that results or threatens to result in physical or mental injury.
Extreme Cruelty
The regulations recognize that non-physical conduct can constitute extreme cruelty when it is part of an overall pattern of violence or coercive control. This includes:
- Threats of deportation used as a mechanism of control
- Severe financial control — denying access to money, accounts, or employment
- Social isolation — controlling who the victim may speak to or where they may go
- Emotional and psychological abuse — intimidation, humiliation, degradation
- Threats to harm children, family members, or pets
- Manipulation of the immigration process as a weapon — threatening to withdraw the I‑130 or report the victim to USCIS
Your Abuser Cannot Cancel Your Green Card
Once a conditional green card has been issued, the petitioning spouse has no legal power to cancel it, withdraw it, or have the conditional resident deported. Threats to "take away" immigration status are a psychological control tactic, not a legal reality.
Financial Isolation — Why Missing Documents May Support the Record
When evaluating whether a marriage is bona fide under INA § 216(c)(4)(C), USCIS typically looks for joint accounts, leases, and tax returns, consistent with the standard set in Matter of Laureano. However, in abuse cases, these documents may be absent because the abuser deliberately prevented access as a form of coercive control. This financial isolation is conduct that itself qualifies as extreme cruelty under 8 C.F.R. § 204.2(c)(1)(vi). Therefore, the absence of these documents, when contextualized properly, becomes powerful evidence of the abuse.
Accepted Evidence Under 8 C.F.R. § 204.2(c)(2)(v)
To overcome missing traditional documents, the regulations explicitly direct USCIS to consider any credible evidence, including:
- Reports and affidavits from police, judges, medical personnel, school officials, clergy, and social workers
- Letters from advocates, shelters, or legal representatives
- Photos documenting injuries, living conditions, or shared occupancy
- A statement from the conditional resident supported by any other credible evidence
- Clinical psychological evaluation documenting the impact of battery or extreme cruelty
- Individual financial records showing exclusion from shared accounts
- Text messages, emails, or communications documenting control, threats, or abuse
No Divorce Required — Filing While Still Married
Because INA § 216(c)(4)(C) imposes no divorce requirement, filing the waiver immediately triggers the 48‑month automatic extension of your conditional resident status under 8 C.F.R. § 216.5, keeping your ability to live and work in the U.S. completely intact.
Who May File
- A conditional resident still living with the abusive spouse
- A conditional resident who has left but has not yet filed for divorce
- A conditional resident who is separated
- A conditional resident whose divorce is pending
- A conditional resident who is already divorced
Confidentiality — USCIS Is Legally Barred from Contacting Your Abuser
Federal law provides immense protection for victims. Under the strict confidentiality provisions of 8 U.S.C. § 1367, USCIS is explicitly prohibited from:
- Contacting the abusive spouse about the filing
- Notifying the abuser that an independent petition has been filed
- Disclosing any information from the petition to any third party
- Using information in the petition against the victim in any other proceeding
A violation of this statute by a USCIS officer is a federal offense punishable by severe fines. Before filing, a safe alternate mailing address is designated so that USCIS notices never arrive at the abuser's home.
Your filing is protected by federal law. Your abuser will not be notified. Schedule a Confidential Assessment with Attorney Loblack →
The INA § 204(c) Lookback Risk — Prior Marriages Are Always Reviewed
USCIS actively reviews all prior marriages at the I‑751 stage — not just the current one. If a prior marriage is suspected of fraud under INA § 204(c), USCIS may issue a Notice of Intent to Deny even when the current marriage's abuse waiver grounds are fully legitimate and established.
An INA § 204(c) finding at the abuse waiver stage has devastating consequences:
- It bars the approval of the I‑751 waiver
- It imposes a permanent lifetime bar on all future immigration benefits
- It blocks all future petitions — whether filed by a new spouse, an employer, or a family member
A pre-filing audit of the full immigration history is absolutely essential for anyone with a prior marriage in their record — regardless of whether that prior marriage was ever formally found fraudulent at the time.
If you have a prior marriage in your immigration history, a pre-filing audit is required before any I‑751 submission. Schedule Your Pre-Filing Audit with Attorney Loblack →
How Attorney Loblack Builds an I‑751 Abuse Waiver Case
1. Pre-Filing Eligibility and Safety Audit
Attorney Loblack conducts a full review of your immigration history, prior filings, prior marriages, and any INA § 204(c) risks. Safety items are addressed before any form is filed, ensuring your alternate mailing address is secure and verifying that the 8 U.S.C. § 1367 confidentiality protections are properly invoked.
2. Affidavit of Bona Fides and Abuse
Attorney Loblack drafts comprehensive affidavits that establish both statutory elements simultaneously by proving the initial good faith intent of the relationship (following Matter of Laureano) and detailing the trajectory of the abuse. Most importantly, the absence of traditional joint documents is connected directly to the abuser's coercive control.
3. Clinical Psychological Evaluation
Because USCIS specifically recognizes psychological evaluations as accepted evidence under 8 C.F.R. § 204.2(c)(2)(v), Attorney Loblack heavily utilizes clinical evaluations by licensed mental health professionals. For non-physical abuse—like emotional control, financial domination, and threats—this establishes the conduct through an objective professional diagnosis rather than relying solely on your testimony.
4. Alternative Evidence Strategy
The case is built around the flexible evidentiary categories recognized under 8 C.F.R. § 204.2(c)(2)(v). Attorney Loblack secures shelter records, clergy and social worker statements, photographs, and text message communications to form an irrefutable record.
5. Trauma-Informed Interview Preparation
Trauma can cause victims to appear confused or inconsistent, which poorly trained officers sometimes misinterpret as deception. Submitting a complete administrative record before the interview limits the scope of questioning and protects credibility, ensuring the case is judged on the facts of the record.
6. Biometrics and RFE Response
Under 8 C.F.R. § 216.5, failing to attend a biometrics appointment results in the automatic abandonment of the petition. If USCIS requests additional evidence, strict response deadlines (typically 87 days) are managed to ensure the case is not denied on a technicality.
What Happens if the I‑751 Abuse Waiver Is Denied
A denial is not the end of the case. Your conditional resident status — including your work authorization — is preserved throughout the legal challenge process.
I‑290B — Motion to Reopen or Reconsider
Under 8 C.F.R. § 103.5, you have 30 days from the date of a denial to file an I-290B. A Motion to Reconsider argues that USCIS made a legal or factual error when applying the law. A Motion to Reopen presents new material evidence, such as a new clinical evaluation. Filing a timely I‑290B frequently delays or entirely prevents the issuance of a Notice to Appear in court.
Immigration Court — De Novo Review
If your case is referred to Immigration Court, 8 C.F.R. § 216.5(f) guarantees your right to an independent, de novo review by an Immigration Judge. The judge evaluates your eligibility under INA § 216(c)(4)(C) entirely from scratch, allowing you to present new evidence and testimony. The judge is not bound by USCIS's prior reasoning. An I‑551 stamp will preserve your lawful status and work authorization until a final decision is issued.
Fatal Mistakes in I‑751 Abuse Waiver Filings
- Waiting for a police report or hospital record before filing. Many victims never call the police. Consistent with 8 C.F.R. § 204.2(c)(2)(v), clinical psychological evaluations, shelter records, and witness affidavits satisfy the evidentiary standard without a police report.
- Waiting for the divorce to be final. Because INA § 216(c)(4)(C) does not require a final divorce decree, waiting unnecessarily prolongs exposure to the abusive environment and risks the expiration of conditional status.
- Allowing the joint interview to proceed when the spouse is hostile. If a joint I‑751 is pending and the U.S. citizen spouse intends to use the interview to harm the conditional resident, the filing must be converted to an abuse waiver before the interview date.
- Filing without addressing the absence of traditional documents. A filing that does not explain why joint documents are missing — and connect that absence directly to coercive control — invites a NOID for lacking evidence of a bona fide marriage.
- Ignoring the INA 204(c) lookback. A prior marriage suspected of fraud triggers a permanent lifetime bar at the I‑751 stage, regardless of whether the current abuse waiver case is entirely legitimate.
- Missing the biometrics appointment. Failure to attend results in the automatic abandonment of the petition under 8 C.F.R. § 216.5.
If any of these apply to your situation, act before taking any further steps. Schedule a Confidential Assessment with Attorney Loblack →
What Abuse Waiver Filers Believe — and What Is Actually True
| What Filers Believe | What Is Actually True |
|---|---|
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"I need to be physically hit to qualify for an abuse waiver." |
Physical violence is not required. Under 8 C.F.R. § 204.2(c)(1)(vi), extreme cruelty includes psychological abuse, threats of deportation, financial control, social isolation, and non-violent acts that are part of an overall pattern of violence. |
|
"I must have a police report to prove the abuse." |
Federal regulations at 8 C.F.R. § 204.2(c)(2)(v) direct USCIS to accept clinical psychological evaluations, shelter records, witness affidavits, medical records, and the conditional resident's own statement as evidence of battery or extreme cruelty — without a police report. |
|
"My spouse will find out I filed an independent petition." |
Under 8 U.S.C. § 1367, USCIS is legally prohibited from notifying the abusive spouse or disclosing any information from the petition. Violation by a USCIS officer is a federal offense under 8 U.S.C. § 1367(a)(2). |
|
"I have to be divorced before I can file an abuse waiver." |
INA § 216(c)(4)(C) expressly requires no divorce decree. The abuse waiver may be filed while still married, while separated, or after divorce — at any time, including before the 90-day joint filing window opens. |
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"My spouse can cancel my green card or have me deported." |
Once a conditional green card has been issued, the petitioning spouse has no legal authority to cancel it or initiate deportation. Threats to do so are a control tactic with no legal basis. |
|
"I will be denied because we had no joint bank accounts." |
Under 8 C.F.R. § 204.2(c)(1)(vi), financial isolation is a recognized form of coercive control. The absence of joint accounts — when connected to the abuser's conduct — is consistent with the statutory definition of extreme cruelty, not grounds for denial. |
|
"A denial means I am immediately deported." |
Conditional resident status — including work authorization — is preserved throughout the I‑290B process under 8 C.F.R. § 103.5 and the Immigration Court de novo review under 8 C.F.R. § 216.5(f). A denial is the beginning of the challenge process, not the end of the case. |
Questions Clients Ask About the I‑751 Battery and Extreme Cruelty Waiver
What is an I-751 Battery or Extreme Cruelty Waiver and who can file one?
An I-751 Battery or Extreme Cruelty Waiver is an independent filing under INA § 216(c)(4)(C) allowing a conditional resident to remove conditions without the petitioning spouse. It is available when the conditional resident or their child was subjected to battery or extreme cruelty as defined under 8 C.F.R. § 204.2(c)(1)(vi) during the qualifying marriage. No divorce is required.
Do I need a police report to file an I-751 abuse waiver?
No. Under 8 C.F.R. § 204.2(c)(2)(v), USCIS accepts a wide range of evidence — clinical psychological evaluations, shelter records, witness affidavits, medical records, clergy and social worker statements, and the conditional resident's own statement. A clinical evaluation by a licensed mental health professional is specifically recognized under 8 C.F.R. § 204.2(c)(2)(v) and is one of the most effective tools for documenting non-physical abuse without a police report.
Can I file an I-751 abuse waiver while I am still married to my abusive spouse?
Yes. INA § 216(c)(4)(C) requires no divorce decree. The abuse waiver may be filed while still married and living with the abusive spouse, while separated, or after a final divorce. Filing immediately triggers the 48-month automatic extension of conditional resident status under 8 C.F.R. § 216.5 and removes the abuser's ability to use immigration status as leverage.
Will my abusive spouse find out I filed an independent I-751 waiver?
No. Under 8 U.S.C. § 1367, USCIS is legally prohibited from contacting the abusive spouse, notifying them of the filing, or disclosing any information from the petition. This confidentiality applies regardless of whether the abuser is a U.S. citizen or LPR. Violation by a USCIS officer is a federal offense under 8 U.S.C. § 1367(a)(2).
What qualifies as extreme cruelty under INA § 216(c)(4)(C)?
Under 8 C.F.R. § 204.2(c)(1)(vi), extreme cruelty includes any act or threatened act of violence that causes or threatens physical or mental injury, as well as psychological or sexual abuse, rape, molestation, incest (if the victim is a minor), and non-violent acts that are part of an overall pattern of violence. Physical violence is not required. Threats of deportation, severe financial control, social isolation, emotional abuse, and manipulation of the immigration process as a weapon all fall within the regulatory definition.
How do I prove a bona fide marriage if my abuser controlled our finances and kept my name off the lease?
Financial isolation and exclusion from shared accounts and leases are recognized as coercive control conduct under 8 C.F.R. § 204.2(c)(1)(vi). The bona fide marriage standard under INA § 216(c)(4)(C) and Matter of Laureano, 19 I&N Dec. 1 (BIA 1983) allows for a wide range of evidence — including individual financial records, correspondence, photographs, witness affidavits, and a detailed affidavit connecting the missing documents directly to the abuser's conduct. The absence of traditional joint documents, when explained by the coercive control record, is consistent with the statutory framework.
Can my spouse cancel my green card or have me deported if I file independently?
No. Once a conditional green card has been issued, the petitioning spouse has no legal authority to cancel it, withdraw it, or initiate deportation proceedings. Filing the abuse waiver under INA § 216(c)(4)(C) independently removes the abuser from the immigration process entirely. Threats to do so are a control tactic with no legal basis.
When can I file an I-751 abuse waiver — do I have to wait for the 90-day window?
No. INA § 216(c)(4)(C) imposes no deadline for filing an abuse waiver. It may be filed at any time — before the 90-day joint filing window opens, during the window, or after the conditional card has expired. The 90-day window applies only to joint filings under INA § 216(c)(1).
What happens after I file the I-751 abuse waiver?
USCIS sends a receipt notice and automatically extends conditional resident status for 48 months under 8 C.F.R. § 216.5. USCIS then schedules a biometrics appointment — failure to attend results in abandonment. If additional evidence is needed, USCIS issues an RFE with a response deadline typically of 87 days. USCIS may schedule an interview or decide the case on the written record.
Can I work and travel while my I-751 abuse waiver is pending?
Yes — with caution on travel. The 48-month automatic extension under 8 C.F.R. § 216.5 preserves work authorization throughout the pending period. The I-751 receipt notice combined with the expired conditional green card serves as proof of continued employment eligibility. International travel during a pending I-751 carries risk and should be discussed with Attorney Loblack before any travel is booked.
What is a clinical psychological evaluation and why is it used in abuse waiver cases?
A clinical psychological evaluation is an assessment by a licensed mental health professional documenting the psychological impact of battery or extreme cruelty as defined under 8 C.F.R. § 204.2(c)(1)(vi). USCIS specifically recognizes psychological evaluations as acceptable evidence under 8 C.F.R. § 204.2(c)(2)(v). A well-prepared clinical evaluation establishes the existence and severity of non-physical abuse through professional diagnosis — making it one of the strongest evidentiary tools in cases where no police reports or hospital records exist.
What is a Notice of Intent to Deny in an I-751 abuse waiver case?
A Notice of Intent to Deny (NOID) is a formal notice from USCIS stating the proposed grounds for denial and giving the petitioner an opportunity to respond before a final decision is issued. A NOID is not a final denial — a well-prepared response addressing each statutory ground under INA § 216(c)(4)(C) and 8 C.F.R. § 204.2(c)(1)(vi) can result in approval. Engage Attorney Loblack immediately upon receipt of a NOID, as the response deadline is strictly enforced.
My I-751 abuse waiver was denied. Can I appeal?
Yes. Within 30 days of denial, an I-290B Motion to Reopen or Motion to Reconsider may be filed under 8 C.F.R. § 103.5. A Motion to Reconsider argues legal or factual error in applying INA § 216(c)(4)(C). A Motion to Reopen presents new material evidence including new clinical evaluations. If USCIS issues a Notice to Appear, the case moves to Immigration Court where an Immigration Judge reviews it de novo under 8 C.F.R. § 216.5(f) — entirely from scratch, independent of the USCIS denial.
Will I be deported immediately if my I-751 abuse waiver is denied?
No. Conditional resident status — including work authorization — is preserved throughout the I-290B process under 8 C.F.R. § 103.5 and Immigration Court proceedings under 8 C.F.R. § 216.5(f). An I-551 stamp serves as proof of continued lawful status. The threat of immediate deportation is a control tactic used by abusers — not the legal reality under INA § 216(c)(4)(C).
Can a prior marriage in my immigration history affect my I-751 abuse waiver?
Yes. USCIS reviews the full immigration history at the I-751 stage including prior marriages. If a prior marriage is suspected of fraud under INA § 204(c), USCIS can issue a Notice of Intent to Deny — even if the current marriage's abuse waiver grounds under INA § 216(c)(4)(C) are fully established. A pre-filing audit is essential if there is any prior marriage in the immigration record.
I previously filed a joint I-751 with my spouse. Can I convert it to an abuse waiver?
Yes. A pending joint I-751 petition may be converted to an independent abuse waiver under INA § 216(c)(4)(C) if the petitioning spouse becomes hostile, refuses to attend the interview, or if the abuse has escalated and the joint filing is no longer safe or viable. The conversion must be filed before the interview date — not at the interview itself. Attorney Loblack notifies USCIS of the statutory grounds and converts the pending case to the independent waiver immediately.
How does the 2025 enforcement environment affect I-751 abuse waiver cases?
USCIS Policy Alert 2025-12 (August 1, 2025) and Policy Alert 2025-23 (October 17, 2025) escalated fraud scrutiny across all marriage-based filings — including at the I-751 stage. The INA § 204(c) lookback review is being applied more aggressively. Under the current environment, a pre-filing audit and a fully documented, eligibility-first filing strategy grounded in INA § 216(c)(4)(C) and 8 C.F.R. § 204.2(c)(1)(vi) are more important than at any prior point.
Is there any difference between an I-751 abuse waiver and a VAWA I-360 petition?
Yes — they are distinct filings serving different purposes. The I-751 abuse waiver under INA § 216(c)(4)(C) removes conditions on an existing conditional green card without the abusive spouse's participation. The VAWA I-360 is a self-petition for immigrant classification filed by an abuse victim who has not yet obtained a conditional green card or permanent residence. The correct filing depends on the victim's current immigration status. Attorney Loblack assesses both options at the initial consultation.
Your immigration status is not controlled by your abuser. Do not wait. Schedule Your Confidential I‑751 Abuse Waiver Assessment with Attorney Loblack Now →
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Your Immigration Status Is Not Controlled by Your Abuser.
Under INA § 216(c)(4)(C), you may file at any time — without your spouse's signature, without a divorce, and without USCIS notifying your abuser under 8 U.S.C. § 1367. The two requirements are a bona fide marriage at inception and battery or extreme cruelty as defined under 8 C.F.R. § 204.2(c)(1)(vi). Both can be established without police reports, joint bank accounts, or the abuser's participation.
Attorney Peter Loblack has built I‑751 abuse waiver cases for more than 30 years — pre-filing audit, affidavit preparation, clinical evaluation under 8 C.F.R. § 204.2(c)(2)(v), alternative evidence strategy, RFE responses, biometrics, interview preparation, and representation in removal proceedings if denied — as one continuous strategy.
Schedule Your Confidential I‑751 Abuse Waiver Assessment with Attorney Loblack Now.
Peter Loblack Esq., BS, MBA, JD, MPH (Harvard)
Peter Loblack Law Firm, PA
Orlando Office: 3657 Maguire Blvd., Suite 175, Orlando, FL 32803 | Tel: (407) 295‑0099
Plantation Office: 6991 W Broward Blvd., Suite 112, Plantation, FL 33317 | Tel: (954) 327‑8800
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Legal Disclaimer: This page provides general information regarding Form I‑751 Battery and Extreme Cruelty Waivers under INA § 216(c)(4)(C) and is not legal advice. Every case is fact-specific. Filing deadlines are strictly enforced. Consult an experienced immigration attorney before filing. Browse the other services Attorney Peter Loblack offers.