hi friends happy thanksgivin this is
turkey we care in the US for those of
you who aren't familiar with this
holiday we get together with our family
our friends and we just give thanks to
God and to each other for the love and
support that we've shown each other over
the past year friends I appreciate you
thank you so very much for watching
mcmean immigration law TV thank you for
sharing my videos thank you for
commenting thanks to those of you who
from time to time
send me super encouraging words of
appreciation I love it thank you so very
much if you're watching and you haven't
yet subscribed go ahead and do so right
now because each week I publish videos
on hot topics and immigration and I do a
lot of teaching on a lot of different
subjects related to immigration so keep
watching make being an immigration law
TV so that you can become smarter about
immigration so the question in this
short video today is simply what should
you do if you've been denied your
petition for a green card after your
spouse files for you this one is very
specific to marriage cases because
marriage cases are a very complicated
area of immigration right because
there's fraud that is very much part of
many petitions that go before the US
government and so the government takes
extra scrutiny extra measures to
scrutinize marriage based petitions so
if you had a petition for your spouse
and the spouse was denied the first
thing you need to think about is what
was the reason for the denial what was
the basis for the denial because if the
basis is something that you can cure
then you can go ahead and cure it and
move forward and reapply but if it's not
something that can be easily cured
you're going to have to really think
this one through so let's break this
down in this short video we're not going
to be too long in this video so first of
all if you get a denial
based on the fact that let's say for
example for example you petitioned for
your husband and he applied for
adjustment of status which is that
one-step process to a green card here in
the US meaning that he doesn't have to
travel back to his country to be
interviewed by the US Embassy in order
to get the immigrant visa so if you've
petitioned for him and he applied for
adjustment of status and that adjustment
of status was denied because maybe he's
not eligible to adjust to status why
because he entered this country without
inspection he entered the country
without inspection he is not eligible to
adjust his status unless he is of our
petitioner right he is an abuse spouse
of a US citizen or green card holder and
he is trying to self petition for a
green card in that case if he had
entered the country without inspection
at a border by a border agent then
certainly he there was an exception in
the law that will allow him to adjust
his status right here so they he was
denied on the basis of not being
eligible to adjust his status
so that's curable that is curable in in
some cases it's curable curable by him
having to file a waiver application to
ask the government for forgiveness right
for unlawful presence that's really what
he's asking for forgiveness about
unlawful presence so that he can then go
back to his country and be interviewed
by the Embassy there without face in
that ten year or three year bar to
re-entry so that's one issue right so if
the denial is based on something that is
curable in some cases it may be curable
with a waiver and in other cases the
person may not be eligible for a waiver
in which case it's not curable okay so
that person will need to find another
pathway to a green card if at all
possible so let's say you get a denial
based on the fact that F
your second interview with immigration
you guys went on that Stokes interview
with immigration and you were denied
because the immigration officer believed
that your marriage is not based it's not
a genuine marriage it's not bona fide
marriage meaning that they think they
believe I should say that you entered
into this marriage to evade or go around
immigration laws in which case the
letter will say that they will explain
all the discrepancies between your
answers during that interview and they
will say that you didn't supply enough
evidence to prove bona fide marriage and
they believe that your marriage was
entered into so that you can get around
immigration laws that one is a much much
more difficult situation to cure than
some smaller defect with your
application so if let's say for example
you get that kind of denial letter and
you want to reapply you can reapply by
proven bona fide marriage you can try
again if you had a real marriage you can
reapply and provide the government with
all of the evidence that it really is
looking for okay if you could reapply
with the same spouse but let's say you
remit you marry another person and you
want to apply again right you have a
bigger burden to overcome you will have
to prove that your first marriage that
first denial you would have to prove
that that first marriage really was a
bona fide marriage and the second
marriage is bona fide so you have like
this double standard that you'll need to
work on in order to get that green card
approval so these are some of the issues
that people face during the denial
process again you have to think about
whether the denial is something that is
curable in which case you could reapply
or whether it is something much more
complex in which case you absolutely
need to work with a lawyer before you
even think about reapplying
okay so friends I hope that this short
video was helpful I know that some of
you are thinking are saying in your
comments that you'd love for me to get
into more details more details about the
topics that I discussed but there's
there's just so much that I can say and
be short videos friends please again
have a wonderful Thanksgiving holiday
with your friends and family and friends
I will see you in the next one bye bye