Hey guys. Thanks for joining me in today's session. I wanna talk with you about whether you
should actually take the risk and apply. Should you take the risk and apply for that green card or
naturalization or, um, asylum, whatever that benefit is that you're seeking or you think
you might be eligible for it? Should you actually put yourself out there and let immigration know
about you and where you're at? I had, you know, I thought about this question because today I
spoke with a client and I could sense from that conversation that he was, he, he wants
to move forward. He knows that he's eligible for asylum. He wants to move forward, but at the same
time, there is deep fear and consider and, um, concern regarding what will happen next after
he applies for asylum. So I guided him through some questions and things to think about and to
speak with his wife about so that they could come to the right decision about moving forward.
And so I wanna share some thoughts with you along those lines. And if you're joining
this, uh, session, uh, chime in below, let me know who you are and where you're watching from, and be
sure to share this with other people I'm Latoya McBeam POY, by the way, for those of you who are
new to me, welcome to, uh, my channel. Welcome to, uh, my practice. I'm an immigration lawyer in New
York, working with clients all over the us and the world on complex immigration matters. Reach out to
us@mcbeanlawatfiveonesixeightsixsixthirtyninehundredoratmcbeanlaw.com where you could request to meet
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you'll stay in the loop on everything. Now, let's talk about this question about
whether, uh, you should apply, whether you should take the risk and, um, apply, right when there's a
chance of denial. That's when this really becomes a concern, right? When there's a chance of denial,
should you move forward anyway with your file it, and to guide you through that decision, this
decision making process, let's go through some questions here, things I want you to think about,
firstly, are you eligible for the benefit? Are you eligible for it? Because there's,
you know, for example, with asylum, if you're eligible for asylum, um, that's a
Great thing, you know, and, and a licensed immigration lawyer, um, can take the case
and work on your asylum case if they've determined that you're eligible for it, but if you're not
eligible for asylum, yet, you want to apply for asylum because you wanna work permit in the social
security card. And so you basically submit this asylum application just to get those benefits
while the outcome for you in that scenario will be far different from the one who is actually
eligible, but let's, let's keep going with the questions. So firstly, think about the fact that
whether or not you're eligible, if you're eligible. Terrific. The second question really is,
do I have evidence to prove it, right? You could be, um, eligible for asylum, but maybe you,
you know, you're, the evidence is weak, right? Maybe the evidence is very weak. Well, if the
evidence is weak, well, the consequences for filing will be, you know, a negative outcome.
The judge, the U S C I S asylum office, uh, will most likely refer your case over into removal.
And then the judge will consider your case then. And if your evidence remains weak in
immigration court, and you have no other options on the table while the judge will
issue a removal order against you. So, uh, do you have evidence to prove your case? The third
question that I'd like for you to consider is if you're denied, what are the consequences?
What are the consequences for the denial? Right? And so the first consequences,
like nothing really, right. Nothing is likely to happen. If my green card application is denied
and it was a good application, but maybe there was a little defect here or there with it. Um,
you know, and it was denied or maybe it was denied because I wasn't really eligible for it.
Um, but in many cases, if that green card application doesn't come along with other
issues like fraud, misrepresentation, and some other very serious issues, the field office
that's looking at that case will most likely not do anything, you know, additional with it,
like send you a notice to appear in immigration court. Um, but some field offices will, okay.
It's up to the field office to determine whether they wanna issue that notice to appear or not.
Some do not many do not, you know, because they're busy, they have a lot of other things going on,
so they don't always follow up with that. But some do. All right. So that could be, you know, nothing
really could be the, the, the scenario for many, many, many people. All right. Uh, what about the
consequence of being placed in removal, as I've said for some people, this is a very real
Consequence. Okay. It depends on the type of application that is filed. Like I said earlier,
if it's an asylum application and U S C I S doesn't approve it, they'll refer it over into
immigration court to immigration court and you will be placed in removal automatically because
that's the process with asylum. Okay. So if you are at a higher risk of being placed in removal,
you should obviously really think about whether you should file an application whereby
you don't even have enough evidence to prove that you're eligible for it. So that's something to
think about. And then the third consequence that could possibly happen for some people, not a lot
of people guys fall into this category, well, ice may arrest me, my ice, you know, will then
know where I live, where I work. And, um, they've may detain me. And for, you've gotta talk with,
um, speak with a licensed immigration lawyer about this concern, if it is a concern, because
like I said, for most people going through the immigration benefits application process,
this is not the case, but it is the case for some people, uh, particularly those who have
a very serious background involving a criminal issue, um, or, uh, some other issues going on,
but only your immigration lawyer can tell you that, you know, what, if you apply for this, um,
you are at a greater risk of being arrested by ice, but again, for most people going through an
application process, that is not the case. Now, the next thing I want you to think about
guys is that, although you may know, or think that while you have a chance of your case being denied,
um, you know, and that's a valid thing for some people, especially if they're applying for
benefits, like maybe the U visa, the, um, asylum, um, or even VAA in some, in, in many cases, um,
the application will be denied if you don't have enough evidence to prove that you're eligible for,
uh, the benefit. But think about the fact that even if you're at a higher
chance of being approved, um, no outcome is guaranteed, right? It will ultimately comes,
come down to U S C I S and their decision. Uh, if you prepare a very solid case, uh, either on your
own or through your lawyer, if you have complex facts, um, and a lawyer is working on your case,
you should know that, you know, you have a strong chance of being approved, um,
with professional help. And it's a good, well prepared case. Okay. But no lawyer
can guarantee that you're gonna win. You're gonna get that outcome that you're seeking.
All right. The other thing I want you to think about is that, um,
When you're thinking about going through the immigration process, you've got to reach the place
of decision where you're ready to go on the RA, the radar, you're ready to go on the radar because
it requires disclosure. It requires the government, knowing your name,
your address, uh, your employment, where you work, um, your place of employment. It requires
them knowing, uh, the name of your spouse, your children, and some other information that those
applications seek. So you've got to get to that place of peace, knowing that, um, you're eligible.
You have evidence to prove it. Maybe, um, the consequence for you, if your case is denial is
really like no real consequence. You're not at threat of being detained or anything like that.
If you have those things going on, uh, guys, if you answer yes to those three questions in
particular, then you've gotta get to that place of, um, I'm okay with going on the radar.
All right. You've gotta be willing to go on the radar if you're you're in that position.
And then last, if maybe you answered no to one or two of these questions, well,
you've gotta get good counsel. You've gotta get a good, um, professional, uh, advice
about your situation and whether or not you should go on the radar. There are times,
many times we tell our clients that, you know, uh, here's the problem that you have. Uh, here's
how immigration is likely to see this problem. These are the likely consequences for filing,
and here's why we think you should do it anyway. Or here's why we think you should not do it.
Okay. It has to really be that kind of thoughtful process. If you've answered no
to one of my earlier questions, work with a profe professional to assess
your situation and come to a conclusion. And once you get to that point of decision
guys, you know, get to that point, reach that point, make the decision and follow your gut,
follow the advice of a good immigration lawyer. And then, um, you know, there you go there,
you have it. So for those of you out there who are thinking about whether you should apply or not,
you don't wanna go on the radar. What are the consequences? I hope this video has helped you in
some way. If it has comment below, let me know, uh, that it has, and let me know your thoughts
on it. And guys, I will see you in the next one. Thanks so much for being with me. Bye.