hi friends welcome to this video I'm
going to discuss a topic that some of
you are struggling with right now and
that's the issue of a denial what should
you do if you are facing a denial of an
immigration benefit denials feel awful
no one wants to be rejected or denied of
a benefit that they're seeking or
whether it's a visa actually if you're
overseas and you're seeking a visa to
come to the US and you were denied or
you're here and you're trying to adjust
your status and you've been denied it
doesn't feel good and quite frankly
friends under this administration that
we're living under the consequences of a
denial can be pretty severe I've started
this series on what you should do if you
are denied an immigration benefit you
don't want to miss it
stay tuned
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been doing to help this channel grow
keep it up keep doing what you do and I
will keep doing what I do let's talk
about denials under the Trump
administration I must say that people
are walking through my doors and they
are saying to me on a fairly regular
basis you know they've applied for this
benefit they thought it was a slam dunk
they don't understand what happened
they've been denied now they're confused
they don't know what to do
they paid filing fees they paid attorney
fees or whatever other fees that they've
paid and it just didn't work out and
they're confused and so obviously
denials has been around in the world of
immigration since day one of course but
now what we're finding is that with the
level of scrutiny that the
administration or the Department of
Homeland Security is inducting when
they're reviewing petitions and
applications and such that level of
scrutiny is leading to folks being
denied let me just say this I do not
have the data on denials that have
occurred in the past year compared with
five years ago I don't have that data
but what I can tell you based on what
I'm seeing in my practice is that people
are coming in and they are just confused
because they've been denied and they
didn't think that they should have been
denied and then we also know that the
administration has just generally gotten
tougher with respect to how it's
approached in immigration so we need to
be wise we need to be smarter about how
we approach petitions and applications
and as we prepare packets for submission
to the government so in this video I
want you to walk away with a number of
things and I'm going to just go right to
it right now when you get a denial you
have to think about what was the reason
for the denial what is the basis of the
denial and typically the letter will
tell you that right
it'll tell you the reason why you were
denied but after you understand the
reason why fully understand the reason
why you're denied you now know what your
next steps could potentially be is this
something that you can appeal because
some denials are not appealable you
cannot appeal it is this something or a
benefit that you should refil
right should you just basically refile
for some people that's a very very good
option for others they may need to
consider a different strategy that
they'll speak with the lawyer about but
you've got to understand the reason for
the denial number 2 you also have to
understand what those consequences of
the denial are for example if you've
been denied adjustment of status your
i-485 was denied the letter from the
government will tell you that you need
to send back your employment
authorization card or document your EAD
your work permit you've got to turn that
in you know within X number of days
you've got to give them back their card
it'll also tell you whether you're
facing removal now if your marriage
petition your spousal petition was
denied you're here in the US your
marriage petition was denied green card
petition was denied and the government
suspects that you entered into that
marriage to get around immigration laws
they will look to issue you a notice to
appear in immigration court and begin
the process to remove you or let's say
you have a two-year green card that you
receive based on your marriage to a US
citizen and you applied for the 10-year
green card to remove those conditions
and the government deny you denied you
of that I 751 petition and so they will
put you in court they will begin those
proceedings against you so you've got to
understand what the consequences are if
you're overseas and you're applying for
that you've apply for a visa to come to
the United States depending on the type
of visa that you've applied for for some
people big based
on what the fact that they've committed
a crime back in their country or some
other serious serious consequence those
people may never get through and that is
a fact if you have very significant
Controlled Substances conviction on your
record and you're overseas and you've
applied to come back to the you come to
the United States on a visa a visitor's
visa of some sort and you're denied just
know that chances of you ever come in
here are very very slim and it most
likely will never happen so you've got
to understand what the consequence of a
denial is and what your next step should
be whether you can refile you should
appeal or you should pursue some other
strategy thirdly you need to understand
any deadlines that are in that letter
right after you've gotten that denial
for some people they may have a window
of opportunity to file a motion to
reconsider so that the government may
reconsider the decision that it issued
to you when it denied you you may have a
certain period of time by which to
appeal a decision and I'm speaking very
generally here because I'm going to
break it down in future videos but
generally speaking the letter will tell
you what the timeline is or the
deadlines that you have in order to
appear appeal or file a motion to submit
a motion to reconsider or even a motion
to reopen your case the letter will tell
you that or a plain blanket will say
there's nothing else there are no
waivers that will allow you to gain
entry into the United States
there's just nothing out there no other
options for you based on the
circumstance of your inadmissibility
again it an inadmissibility like within
the context of you having a controlled
substance conviction on your record then
your overseas trying to get into the
United States and lastly you need to
also understand what your options are
whether you can overcome that denial or
not you may or may not be able to
overcome that denial meaning that if you
have a family petition and it was denied
and the petitioner has pulled out on you
mean and
she's not going to help you again
because the relationship is over you've
cheated I cannot tell you how often I
see that man men do not cheat on your
women it's not a good thing but the
relationship is over and now you've lost
a petitioner or a petitioner is now
deceased and you've lost that that
family relationship and so you you Mesa
Kalia don't have any other options
available to you
so it's very fact-specific but you've
got to understand where you stand and
what your options are in terms of re
file and if you are able to refile so
those are just some of the takeaways
that I want you to receive from this
video that with respect to denials they
can lead to very serious consequences in
other cases you may simply refil and
that we'll talk about when it makes
sense to refile versus when you have no
other option basically we'll talk about
potentially when it makes sense for you
to file a motion to reconsider or reopen
your case and where you know if you have
questions about this series or this
topic something very specific I want you
to just comment below with that question
about this issue of denials and how to
approach your strategy after you've been
denied I look at your questions and I
may address the top three questions that
I've received in future videos on this
topic friends thanks for watching this
thanks for being part of this community
you're getting smarter and smarter and
smarter about immigration and that is a
very very good thing stay tuned for the
next video bye bye