Is a lawyer needed in this particular I751 waiver case based on abuse?

[Valmom 0]

Hello everyone! I am trying to get some suggestions regarding this situation.

I have met my boyfriend a little over 2 months ago and we hit it off right away. We are now living together.

He is a wonderful guy and I am very happy with him, but right now he is going through a divorce from his USC wife, who he got married to a little over 2 years ago. He had his first interview for the conditional green card a year ago in august when they were still together, She even hired an attorney to go with them (not sure why). Their marriage was entered in a good faith and they had a levish wedding in the spring of 2006. But at the same time, their problems started and not just problems, but she became very aggressive and controlling. She physically and verbally abused him and there is plenty of proof of that. Police report, pictures, medical records from hospital emergency room, therapist records, even phone taped conversations where she was threatening to physically harm him, calling him and his immediate family horrible names and threatening with deportation.

Anyway, they have been separated from the middle of June of this year. After she found out that he filed for a temporary restraining order, she filed for divorce. Recently he was granted another temporary restraining order against her.

His conditional green card expires next August, but in the meantime, he is thinking of filing for a waiver based on conditions of cruelty. As I said, there is plenty of evidence and this is not the question whether he should or not file a waiver, but my question is for those who have gone through similar case.... Does he need a lawyer to file papers for him? Or would he only need a lawyer if and when he is called for the interview?

I have no problem helping and filing the papers and gathering all the materials needed. But my question is, if he is called for an interview, will a lawyer need to be present or it's not necessary to have one? Will the lawyer be willing to only go for an interview or will he/she want to file the case as well? Can I go as an interpreter?

When filing papers, other than presenting the materials of abuse (physical and verbal), will he need to present other material as far as proofing that the marriage was entered in good faith? If that's the case, what kind of material will he need to provide?

I am a USC and have filed myself previously for my former husband (a father of my child), so I have plenty of experience in filing these kind of papers. It's just this case is different, that is why I'd like to get opinions from others.

I would like to hear from those who have gone through similar cases.

Thank you!

Edited September 27, 2009 by Valmom