after hearing every immigration lawyer say the green card family petition case
was doomed the lawful permanent resident husband gave up but the wife did not and kept on searching
for an immigration firm that had a slim hope of possibility and that's
when they found us you see the situation was that she was suspected on crossing the border
without inspection and then subsequently getting married to a lawful permanent resident and
you know that does not get you the green card unless you can prove otherwise let's get to it
hi everyone this is Joseph i'm the managing partner here at Tsang & Associates where we
solve legal problems with creative solutions the legal problem is that when somebody enters without
inspection even if you get married to a lawful permanent resident or a u.s citizen it doesn't
get you the green card you still need to file a waiver and that's a long and difficult process so
this is how we did it we did the negative argument approach we proved that there was no reason why
she didn't get inspected she had the visa she had the passport everything would have allowed her to
come in had she just presented herself there's no reason for her to scam the government there's no
reason for her to sneakily enter like other people right and so if somebody didn't have a visa if
somebody had these ulterior motives and somebody for example had criminal records and they couldn't
get the visa they couldn't come in well then yes they might have escaped and tried to come into
the country but she had a great profile she had a business she has finances she got the appropriate
visa to enter the u.s and she said to me she did come that's the whole problem nobody would believe
her all the immigration attorneys that she talked to wouldn't believe her she did come and just for
some reason that day the officer took her passport looked at it and was distracted and just gave it
back to her and waved her through the officer didn't stamp it but nobody would believe her and
there's no documents to prove that and even if we did a FOIA request to request everything from the
government it still wouldn't show so there's no way to truly prove she entered with inspection the
stamp on the passport was the only thing but the reality is a lot of times these CBP officers
on the border they do make these kind of mistakes right and that is what it is it's a mistake the
officer should have looked at the passport looked at the visa examined her situation and stamped it
but in the heat of the day when there's thousands of people when things are getting
confused when there's yelling sometimes they do just end up giving it back without necessarily
providing the appropriate stamp and this happens all the time because it's human error and yet the
the devastating consequence of this lack of a stamp will cause this family it will cause her
to not be able to get the green card will cause her to have to file a waiver and this could be
thousands of dollars and years of lost time or potentially even being threatened to be deported
and so we gathered all the documents to prove that she did enter with inspection we took down
her official statement we took down a statement of everybody that she has associations with
and we proved exactly what happened on that day we documented when she left when she got to the
place and even though it was a long time ago we did our best to show the officer everything now
we did tell the client this was a very difficult case and they knew that because every other lawyer
has already said nope your case is going to get denied and you're going to have to file a waiver
and that is likely what is going to happen and we can certainly help with the waiver
but why give up on this opportunity these are people too we have a lot of friends at
USCIS and we know that when they review a case they really do treat each individual case like
it's a story and so if you present a wall if it's believable then it might have a chance in winning
and but the thing is you cannot just say sorry the officer made a mistake i did enter
period but you need to do more to completely beyond a reasonable doubt show that the officers
that you did what you did and it was a mistake even though it was not your mistake it was the
mistake of the government still the burden is on you because you are the one seeking the benefit
so unfortunately that is what they have to do they understood and they worked with us and the thing
about this case was that the husband completely was M.I.A. he thought the case was doomed because
he contacted everybody and everybody said no it's not possible but she did not give up and so we
prepared everything submitted it on the day of the interview when the when she went the officer
saw everything asked her a lot of questions and believed her and granted her case that
is discretionary power and that is what a good case entails and so the creative solution to this
particular legal problem is not really so much creative it's just hard work and diligence and
not giving up and sometimes that works all right and that's it for this success story it was so fun
to do if you have any questions about adjustment of status we'd love to help you take care bye-bye!