Hey friends. If you're interested in hearing how we were able to help our client get her
green card, despite her criminal record, watch this video in this one, I'm going to share some
insider tips from McBean law. What we did to help our client get her green card.
If you're out there and you're watching me for the first time welcome I'm Latoya McBean Pompey.
I'm an immigration lawyer in New York, working with clients all over the United States
and in many different countries. Follow us on McBean law.com so that you can, um, get your
appointment book with us. See some firm news. Also follow me on Instagram at McBean immigration law,
where I do a lot more videos and, uh, provide more tips about immigration.
Okay? So this story is tremendous. I love it because when the clients came to us, um,
they were very nervous. It's a husband. It was it's a husband and wife team. And the
husband was very adamant about the fact that the government will not take away his wife from him,
whatever he needed to do to ensure that she was secure here in the U S with him, he was going to
make it happen. And so he played a very big role in the success story that I'm about to share with
you. I'm going to pull up the presentation. And so guys, this is a spousal adjustment of status
case and [inaudible] waiver case. And the reason it that, that we needed to prepare the waiver
is because of the criminal record that the wife has. Now, what happened here? What's the story?
Well, they first went to a big firm. Okay. They first consulted with a big firm, uh, but it
didn't feel right to them. And so the hue, the U S citizens, husband had been watching me on YouTube
and he felt like let's go to make bean let's. I think McBean is the one to work with on this.
So they came to us and had a consultation at the end of January, 2020. And if you guys recall
in January of 2020, what was the biggest thing that was happening around that time
public charge, right? And we wanted to hurry up and prepare the case in light of the public charge
deadline, because we didn't want our clients to have to go through that horrible filing process
under public charge. We ended up filing their case in February of 2020 to avoid that deadline.
Now, the client was arrested and she was charged with possession of marijuana, one gram
in her country. And this is in the Caribbean and her criminal case dragged up for a while. It did
drag out for a while in the Caribbean, but she ultimately pled guilty and she paid a fine.
Now we, When we, when she came to us,
um, we didn't have enough time to get all of her records from the government to see what is it that
she put on? What did she put on her visa application before coming to the us?
Did she disclose to the government that she was arrested and she has this crime on her
record? Or did she withhold that information? We didn't have the time in the beginning of
February to get her foyer records from the department of state in time for us to file her
case before public charge hit. So we went ahead, file the case. And then we ultimately got her
records back from the government in July of 2020. And sure enough, her [inaudible] visa application
showed that she did misrepresent, um, on her application. She misrepresented
with respect to her arrest history. Now the [inaudible] waiver that we prepared,
addressed two different types of issues. The first is the marijuana offense. And then
the second is the misrepresentation on her visa application. Both issues needed to be accounted
for. And so the government has this rule that says that, um, if you have a criminal, if you
are found to have certain criminal grounds of inadmissibility, you're going to need a waiver.
And so controlled substances friends, as you may know, um, is very difficult under, is treated
very harshly under immigration laws, but there is one waiver that is allowed for a controlled
substance violation. And it says this a controlled substance violation, um, uh, of the laws and
regulations of any country or us state related to a single offense of simple possession of 30 grams
or less of marijuana is waivable. Okay. So it has to be that single offense of say a simple
possession of 30 grams or less of marijuana. So we knew that the waiver is available to
our client and we prepare it accordingly. Now, what was our approach to the [inaudible] waiver?
The approach really focused on drilling down on the extreme hardship that the U S citizen husband
would face. If his wife, uh, was removed or had to go back to their country in the Caribbean.
And he had to go with her, we had to really look at what those hardships are to our,
to him or potential hardships would be for him. And the husband also had a very compelling story,
friends. I very, very compelling story of things he experienced over the course of his life. And we
pulled together those experiences and told that story. And then also for this particular family,
things did change during COVID, um, the income level change, some medical issues, cropped up,
things did change. And so we had an opportunity to talk about those changes as well, and how going
back to the Caribbean was just Completely, completely
Out of the picture for this family. And we also prepared a very lengthy and thorough declaration
of hardship to the U S citizen husband. But what, uh, let, well, I
Was gonna actually jump past this slide, but let me cover one other thing here on this slide
that the client was interviewed on August 19th, 2021. And then the following day, we received
an email that her case had been approved. Now what ultimately led to this approval?
Well, firstly, friends, the clients were extremely prepared for the interview. We did meet with them
and we re prep them really well for the interview so that the wife would be very prepared on how to
make her argument about what happened with this offense. Um, and to, to just be transparent
and present her case to the immigration officer who was interviewing her. And then
we also attended this interview telephonically, like what we do for most of our clients who
want us to be there at the interview with them. And I must say that the officer
that we got that day, he was very fair. He was extremely reasonable and fair to our
clients and guys that does make a difference. And so if you're out there and you have a very
similar case where you have a criminal issue on your record and you need a waiver and it may
not necessarily be a criminal issue, it could be fraud. It could be misrepresentation. It could be
something along those lines, contact us so that we could assess your case to determine whether,
um, whether you have the right hardships, that the gut that could be compelling for the government to
approve your waiver. And even if you've had a waiver that was, um, denied in the past,
we can assess your situation today to see how we can help you to do another filing,
contact us where a virtual immigration law office, working with folks all over the U S as I've said,
contact us@mcbeanlaw.com for your appointment. Or you can call the law office at (516) 866-3900
Monday through Friday between the hours of 9:00 AM and 6:00 PM Eastern, so that we can book your
appointment and get you on the calendar and just start working on your matter. You may also email
us to start yourCase@infoatmcbeanlaw.com. Just say, I'm ready to start. I want to start my case
and we'll contact you right away for those of you who have not yet subscribed to my channel.
Subscribe now hit the notification bell so that you will be the first to get
notice of my videos that come out each week and learn more winning tips about how we do
what we do, uh, at McBean law. Okay. So guys, I hope you found this information
helpful to you. Again, you can win your case if you have a criminal record, not all criminal
record is waivable. There are some offenses in which a waiver is not available at all.
Okay. And if, and if your case is one of those, uh, when you meet with us, we will be sure to
tell you that. Um, but if you can, if you do have an opportunity to have your offense, your
issue waived, or, um, approved through this [inaudible] waiver process, contact us, we
will tell you that we will let you know. Now the [inaudible] waiver do, does require a qualifying
relative friends. It requires that you have either a us citizen or a green card holder, parent,
or spouse who will suffer extreme hardship. If you're separated and you have to go back to your
country and they have to go with you, right? So it, this doesn't apply to everyone. You must have
this qualifying relative very important that you understand this detail about the I 6 0 1 waiver
contact us so that we could tell, uh, explain more things to you during the consultation. One-on-one
thanks so much for being with me in this one, share this video with others. Let me know your
thoughts below, and I will see you in the next one. Thanks for watching. Bye bye.