Guys, join me in this session.
We're gonna talk about how do you actually get a green card after your marriage case
falls apart?
Yes.
We're talking about the marriage based process in this one.
Uh, as you're coming on board, tell me your name, where you're watching from and how you're
feeling this evening.
It's so nice to be with you guys again, in this one, we're gonna talk about six things,
um, or six ways that folks can actually move forward and get a green card after they had
a marriage case that went really, really, really sour.
Okay.
And so if that, this is about you, this, if these facts are familiar to you, watch this
session be part of this session all the way until the end.
And also guys share this video with others.
If this is not your situation, share it with others because you never know who really needs
this information, guys.
I it's again, nice to be with you.
I'm Latoya MCBE POY and immigration lawyer in New York, working with clients all over
the world on complex immigration matters.
Reach out to us at McBean law to meet with one of our attorneys about your situation.
You may call us or text us at 5 1 6 8 6, 6 3900 to request an appointment or go to McBean
law.com to, to request that appointment at any hour of the day, you could request your
appointment also friends.
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Now let's talk, um, about what you can do if you're in a situation guys, where your
spouse filed for you and it didn't go so well.
Okay.
We're not gonna talk about reasons why the file in failed, why it didn't go well, but
it didn't go so well.
And your case was denied and you're thinking, well, how do I now move my myself forward?
How do I get a green card in light of the fact that I had a file in through my spouse?
And it didn't work out well, firstly, and you may have heard me say this in other videos
that what you do next really depends on what is the status of your relationship today.
If
You, you are together, okay, if you guys are together, you have some options.
You can either do a, you could do a refiling or you can, um, uh, appeal the decision.
Now, when you think about refiling, your case, I would ask, well, what was the reason for,
or reason for the denial was your case denied?
Because you didn't give the government enough evidence, you know, not enough evidence to
prove a bonafide marriage or the case was just poorly prepared, you know?
And, um, the government denied the case or you missed an interview notice and they denied
it.
You know, in those circumstances you could certainly pull together a stronger case and
refile it.
All right.
If you're still together and you, um, want to appeal the decision, you have a reason
to appeal the decision.
You don't wanna start all over.
Um, and you have new evidence that you wanna share with the government or you thought they
got it wrong when they denied.
You have a lawyer.
Look at that to see whether you meet the ground to re to, um, file an appeal of your case,
okay?
Now, but for other people, the issue may very well be, well, we're actually not together
anymore.
We're either separated or we're now divorced.
If that's the case, now the next set of options, um, or the, this next option relates to you.
So to speak, the first thing is, well, if you're not together anymore, um, and you suffered
abuse in the marriage, right?
If you suffered verbal abuse, physical abuse, um, and some other forms of abuse involving
abandonment, which I always say on its own, you know, abandonment needs to be coupled
with something else to show more, um, abuse.
But in any event, you know, there are different types of abuse that people do go through in
their marriage.
There's sexual abuse in the marriage.
There's, um, a lot of cruelty in the marriage.
There's, you know, mind games, narcissistic behavior by the abusive spouse, just a number
of things happen in that in, you know, in a bad marriage.
And so if you went through these things, guys, you've gotta consider filing, um, for your
green card on your own, right?
Under VWA violence against women act and men, men listen to me carefully.
You can also apply under VWA because, and we've worked with men, uh, client, and we
prepare really strong vow cases for our male client who also suffer abuse at, at the hand
of us citizen or green card holder, spouse, right?
Spouses.
So you do not have to be a woman to do UA.
And we do these cases.
So consider that if you went through a lot of cruelty and some abuse and, and abuse in
your marriage.
Now the other thing that you can consider, if you guys are no longer together and you
cannot refile your case, or you cannot appeal the decision, um, and maybe VAA is not an
option for you because you don't have any evidence of that.
VAA requires, well, there are other humanitarian options that, um, that maybe that may apply
to you.
So firstly, the U visa, if you have been a victim of a crime and you work with law enforcement
to, um, to solve it or to prosecute the case, you cooperated with them, you reported it,
you showed up, you, you did what you needed to do to cooperate with them.
It is possible, guys.
It is possible for you to get a green card after being approved for the U visa.
It is not an overnight process, certainly not an overnight process.
It takes several years for the U visa process to be finalized.
But if you have a strong U visa case, consider that also there's the T visa okayt for trafficking.
Guys.
You may hear my dogs barking in the background.
We have all of our windows open today.
So they're barking at maybe some neighbors, uh, walking, um, outside, but TVs, the guys,
if you are, if you had been trafficked into the country, um, or if you're here in the
United States and you had employment in employment history that involves being threatened, um,
by employers because of your immigration situation, uh, you worked extremely long hours, you were
really mistreated.
You had a, uh, very low wages.
Um, they took disadvantage of you because of your immigration situation and just really
mistreated you on the job.
And you have evidence of that.
Well, consider, consider having your case looked at to see whether you can, um, you're
eligible for the T visa, which also leads to a green card down the road.
Okay.
Now the fifth option that I want you to think about is, well, are there other family members
that you have, who could petition for you?
So firstly, if you have a child who's a us citizen 21 or over that child can file for
you.
If you have a parent, a us citizen, parent, or even a green card holder, parent, if you're
no longer married, your green card holder, parent can file for you.
Um, you would just need a waiver.
If you're here in the United States, you'll need a waiver to wave unlawful presence.
If you have unlawful presence on your record, that will need to be addressed through waiver
process.
And, and then there's a few other steps you'll need to go through to finish up the process
and get
A, a green card.
But if you have a us citizen or a green card holder, parent, that person can file for you
as well.
If you guys are in good terms, of course.
Um, and then obviously if you have a sibling again, sibling process works best when you're
outside of the United States.
And it's, it's a lengthy process.
It's ridiculously long for most people, um, a minimum of 15 years for most people, if
you're from certain other countries, it could be a much lengthier weight than 15 years.
Can you imagine?
But, um, but it works best if you're outside of the United States, not here in the us.
And then the sixth way, I think that you can consider, um, getting a green card if your
marriage case falls apart is through an employer.
Okay.
If you're here in the United States and you have unlawful present on your record, you
will need, um, a parent or a spouse, us citizen, or a green card holder for a waiver.
Um, and then finish the process overseas if you, um, if your employer falls for you.
Uh, but if you're already overseas and you have some sort of employer sponsorship, then
that's great.
Um, no waivers needed at that point, you know, depending on your background, um, no waivers
needed.
And, uh, you could go through that employment based process for the employer to bring you
here to the United States permanently.
And so guys, um, seriously consider these options particularly, uh, on the employment
side, if you're outside of the United States, uh, there are creative ways on the employment
side that folks who are on the outside of the us can come in and get their green card
and then back to the family based options, guys.
Um, you know, again, if you've overstay and you have a parent here in the United States,
um, or, uh, a spouse, us citizen or green card holder, parent, or spouse who could,
um, be the relative you need for a waiver, uh, it, you know, your case, it really let
me, let me just clarify what I'm saying here, because this, this last part is very important.
If you are looking for a family, a member of your family, such as a parent to file for
you, and you're here in the United States and you've overstay your visa, just know that
you'll need a waiver.
And that waiver will look to your parent as the relative who your claimant will suffer
extreme hardship.
If you have to be sent back home, because that relative really needs you here in America
with him or her, if you, um, if you, uh, have, if your parent, however, has a green card
and that parent wants to file for you, and you're still married, that parent cannot file
for you because green card holder parents cannot file for married children.
But if you are no longer together with your spouse, your divorce, you're no you're single,
you're unmarried.
And you have a green card holder, parent, he, or she can absolutely file for you begin
the process for you.
And then when the time is right, you'll get your waiver, uh, apply for your waiver and
go home for an embassy interview and come back.
If they had approved your waiver, immigration friends is really, it, it is complex.
It is one of the most complex areas of the law.
And so there are a lot of dynamics to everything I described in this video.
This is just a short video.
I know some of you may think it's long, but it's, it's just a, a short video about some
very complex issues.
Get your case looked at dissected, worked with up work with a professional on this so
that you can get it done, right?
Get your next move.
Um, set some things in motion for your next move so that you can get a green card.
It doesn't have to be the end of the road for you.
If your marriage case falls apart, guys, I hope you found this session.
Helpful comment.
Let me know your thoughts, share this with other people, subscribe to our ER news, uh,
letter@mcbeanlaw.com and I will see you in.