If you're interested in here and how we were able to help our client get his green card
in two months after first being denied, watch this video in this one, I'm going to share
with you what happened, the timeline. And I'm also going to give you four winning tips
that helped our client get his green card. Stay too.
[inaudible]
Thanks so much for watching this video. I'm Latoya McBean Pompey. For those of you who
are new to me, I'm an immigration lawyer in New York, and I invite you to subscribe to
my channel if you have not yet done. So, and be sure to hit the notification bell so that
you'll get notice of my videos each week. Now what happened in this case? Well, first
of all, I'm going to use this wall right here as my virtual whiteboard. So pay attention
to the timeline in this case, here's what happened. The couple came to us after being
denied for both the [inaudible] and the [inaudible]. They did the filing on their own. I'm not
knocking anyone who decides to file on his or her own, because I do know people who have
been successful on their own. Now in this couple's case, unfortunately, as you will
hear things, didn't go so smoothly, obviously.
So they came to us after getting the denial. Now here's the timeline. In their case, they
were married in August, 2019. They then filed for the green card. In October of 2019, they
were interviewed at USC field office in February of 2020. And then unfortunately in April,
2020, they received a notice of intent to deny they responded to it. And then ultimately
they were denied in June. They came to us on June 15th and we analyze the case and determine
that we can get them the green card by reopening the case, because there were good facts that
we knew we could argue as to why the government should reopen their case and give the husband
the green card. Now we filed a motion to reopen the case on August 5th, 2020. It was then
approved on September 29th and then the green card was in the client's hands on October
5th, 2020. So that's what happened in this case.
Now, what were some of the unique things about this case? Well, firstly, guys, as you can
tell from the timeline, the couple had a very short marital relationship at the time that
they filed. And as you may have heard me say in the past, that's not really a big deal
so long as you can prove that you have the intent to stay together forever. So that's
what really matters, but they had been married for a very short time. Only what, two months
before they filed, what are the things happen in this case while like all couples, there
were some issues, right? With a child being born outside of the marriage that us CIS was
very concerned about. And so that was an issue that the government was very concerned about.
Then friends, what ultimately led to the denial is the fact that during their green card interview,
they were given inconsistent responses to some questions now to be quite Frank with
you, 95% of the questions that they were asked are in their green card interview.
Got it. Right. However, there were a few questions that were not right. There were a few questions
that resulted in inconsistent responses. So USC I S gave the couple, an opportunity to
explain themselves through the notice of intent to deny process, but that didn't go so well
either. And so they were denied now, what are the things that we did right in this case?
Well, the first thing that we did right guys, was we knew the rules on how much time is
remaining in this case to file a motion to reopen. When people get a denial notice, it
will tell you that you have 30 days or 33 days by which to file this motion to reopen.
And some people don't even get their denial notice until maybe 15 days into it, right.
Or even longer. So then they panic and they think, Oh my God, I only have another 10 days
to pull this together or another 15 days to pull this together so that I could, I filed
the motion to reopen, but that's not the case during this time under the coronavirus pandemic,
actually 60 days from the decision date in the letter, that's the true deadline during
this time.
And I'm going to pull up the notice that USC has on its way cite about this issue. It's
60 days, right? [inaudible] motion to reopen. If you get your decision letter between March
1st, 20, 20, and January 1st, 2021, then you have 60 days by which to respond with the
motion to reopen in your case. The second thing that we did right friends is we knew
that we can, could reopen both the [inaudible] I four 85 at the same time. And so therefore
we filed two, right? I two 90 B motion to reopen the case. Then the third thing that
we did did, right, is we had a killer reef. And I must tell you, immigration almost always
comes down to your writing and the product that you're able to give to the adjudicator
and tell the story of it, what happened. And here's additional evidence that seals the
deal for you, but it all happens in the writing.
And we had a really great brief that addressed all of the right issues around the inconsistent
responses that were given during the interview. And then we went above and beyond in our brief
to really paint a wonderful picture of a couple who, although they had a short marriage, they
intend to stay together forever. And that was the right intent that they had from day
one when they got married. So you will need a lawyer for this one friends, I'm not going
to sugar coat this sitting down and writing a brief is a technical, illegal skill. So
you've got to work with a lawyer for that. Now, what is the fourth thing that we did?
Right? We also had great declarations. You've heard me talk about declarations before, and
I have a free download of my 10 tips on how to write a really good declaration.
If you're interested in what those tend tips are, get the download, the link is below,
but we included declarations from both the petitioner and the beneficiary and both declarations
address the inconsistencies that occurred during the interview. So friends just to summarize
the four things that we did, right. In this case, guys, we knew the rules regarding when
to file the motion to reopen. So we did not panic. Number two, we knew that we needed
to reopen both the [inaudible] and the [inaudible]. And so we filed two I two 90 B motions. The
third thing that we did, we had a killer brief that explained everything in a really solid
way. And then the fourth thing that we did, right, was we had great declarations guys.
I hope you found this video, helpful, share it with other people, comment below. Let me
know your thoughts on this video. And guys, don't forget to subscribe to this channel
so that you'll get more of my winning tips in the future. And just remember friends,
every case is different facts are always different for each client that works with us. So results
obviously vary. So keep that in mind, but I hope you are able to walk away with some
winning tips in this one. Guys. Thanks so much for watching and I will see you in the
next one. Bye.
Bye.