Hey friends, if you're interested in here and what you should do, if your marriage green card
cases denied, watch this video in this one, I'm going to share with you the thoughts that I have,
uh, whenever a new client walks through the door and says to me, my case was denied. What should I
do next? If you're in this situation, this video is for you. For those of you who are new to me,
welcome. I'm Latoya, McBean Pompey and immigration lawyer in New York, serving clients all over the
United States and in many different countries, go on McBean law.com so that you can learn about what
we do and how we can help you. And the topic that I'm going to cover in this video is based on my
thoughts and, um, my way of thinking about this topic. And so I'm going to take you inside this
mine here and show you some of the things that you really should be thinking about as well.
If you're denied also guys, subscribe to McBean immigration TV, hit the notification bell so that
you won't miss any of my videos each week, let's get into it. What should you do if you're married,
you're married, your spouse filed for you, but the case is denied your dent. The case is denied for
various reasons. What are some of the things that you should be considering? Well, firstly, friends,
um, this topic actually came from Casa, Casa commented below on it, on YouTube, on YouTube,
I believe. Um, and this is the question that Casa asked. Casa says I was married to a us
citizen before the interview. We got into so many troubles troubles. We were interviewed together,
but the interview didn't really go very well. And so our case was denied. What should we do
now? Okay. So Casa, if you're watching this one is for you as well as many others who
are in the very same situation as you. So the first question that I typically ask
folks is, well, what was the reason for the denial? That's the first thing I think about
what was the reason was the denial based on lack of evidence or was it based on something much more
serious, such as evading or trying to get around immigration laws or a sham marriage. If the
government has accused you of sham, marriage, just keep in mind that the burden that they must prove
is a substantial, they must have substantial and probative evidence that the marriage, um,
is in fact sham. So that's, these are the first questions that I typically ask. Is, was it based
on lack of evidence or was it just, was it because you try to get around immigration laws? The next
question I have is, well, how is your marriage today? How is that going today? Right. This will
determine your next move and your options. Are you still in marital unity or are you
guys living apart? What is the status of the relationship then? We, I like to think about,
well, should you appeal the case case? Should you appeal while there's an issue timeliness,
right? Because you only have under this new co uh, COVID-19 flexibility policy that us CIS has,
you have a total of 60 days to submit your, your motion to reopen or reconsider your case.
And if you're looking to appeal, that's a shorter timeline, right? And so you've got
to know whether you're still, you still have time to appeal your case or not. And also,
do you have any new facts or evidence to support for your appeal or your request to
reopen your case? Or did you S C I S apply the wrong policy or a law to your case and,
and you know that through your lawyer. And so now you guys, you know, maybe have a
good case to appeal the decision, or you might be thinking, well,
my employment authorization document expired with the denial. If you're doing an adjustment, if you
try to do adjustment of status. And so therefore you really need to, you know, to keep working,
to support your family and you want to continue to work with authorization and that EAD guys, as many
of you know, is connected to your, um, adjustment of status pending application. And so you do lose
your EAD. If you are denied for adjustment of status. The fourth question that I ask as well,
should you refile the case instead of appeal? Should you refile it? Well, that is based on
the strength of the marriage. Do you still have a very strong, uh, petitioner's spouse who wants to
keep, who wants to stay with you? That's really the bottom line
and who wants to keep your family together? So the strength of the marriage is really important
when you think about refiling, because you're going to need your petitioner's help for that.
Then the next question is, well, do you have any new evidence that will support your refiling,
your, your, uh, application? Uh, do you have anything new or more to share with the government
if it was denied based on lack of, um, evidence and you have new evidence, that's terrific and you
have a good, uh, petitioner's spouse. Who's very much still in love with you and want to keep the
family together. That's that's even better. And so then in, you know, if you have those things
going for you, then think about refiling and make sure that it is a better prepared case. And then
the last thing that I think about with clients who are in this situation as well, should you
try on your own, should you try to self petition and get the green card or residency on your own,
if you're here inside the United States and you applied through adjustment of status?
Well, it's, um, you, uh, applying on your own through the Bower, right? The violence against
women act through that avenue would require you to prove that you were battered or beaten or abused,
or you suffered extreme cruelty during the marriage. But if you're a conditional resident,
you have the two year green card and you want to prepare the ice 7 51 petition to remove conditions
on your residency. Um, and you want to do it alone. You can, and there are certain criteria
that you must meet, um, to do it on your own. Uh, and then thirdly, well, if your spouse is
now deceased, there is also a process to obtain the green card on your own as a widow or widower,
um, special immigrant. So these are, you know, there are other considerations guys,
um, that goes into the, the issue of, well, should you, what should you do?
What should you do? Every case is different. Every single case is different, which is why it's
super important that if you were denied that you consult with, um, a licensed immigration lawyer,
a licensed attorney contact our office McBean law. We are a virtual law office working with folks all
over the U S on these very issues. We can help you in whatever state you're in or country that
you're in. And you're in this situation, we can help you go and make being law.com to book your
consultation and get on one of our calendars so that we can begin to assess your case. Um, you
may also call us to book your appointment at 5 1 6 8 6 6 3900 Monday through Friday,
between 9:00 AM and 6:00 PM Eastern time. And then lastly, friends for those of you who, um, um, who
are out there and you like immigration information and news and such follow me on Instagram, I do
post a lot of reels, um, addressing questions that you guys have also get on my email list so that
you can get our firm's weekly, uh, emails. Uh, we send out Q and a responses, Q and A's,
I should say, in addition to weekly immigration news. And then for those of you who are looking to
go just a little deeper, um, in your doing things on your own, I should say, if you're looking to
do certain things on your own, uh, check out my online, my online courses@latoyamcbean.my
kajabi.com, where you're going to find my marriage petition program. For those of you who are here in
the United States, going through adjustment of status with your spouse, and those of you who
are filing for your spouse overseas, uh, I have a course specifically for you guys as well in,
in, in addition to several other courses. So go to Latoya McBean dot Mike kajabi.com.
And then lastly, guys, don't forget, don't forget to subscribe to my channel to make
being immigration, a TV so that you can get the latest videos that I publish each week. Guys,
thank you so much for watching this, share this video with other people. Um, let me
know your thoughts below if you're in this situation where your case, um, was, you know,
denied based on marriage and, uh, reach out to us so that we can help you. Like I said,
this type, these types of issues, uh, we work on every day in our virtual law office at McBean law
guys. Thanks so much for watching and I will see you in the next one. Bye-bye.