Hey guys. In this video we're gonna talk about a wonderful story involving our client who has
been in the United States for 24 years, and he was basically the only person in his family who
didn't have papers. This is a special one, guys. I, I think that many of you will be able to relate
to this story. I'm gonna share with you what his background, um, was and how we were able
to help him get his green card, watch this video all the way until the end. For those of you who
are new to me, welcome to my channel. I'm Latoya McBean, POY and immigration lawyer in New York,
helping clients nationwide and globally to achieve the freedom that they need to be their best in the
United States. Guys, contact us at 5 1 6 8 6 6 3900 or@mcbeanlaw.com to request a meet
in with us. Before you go today, be sure to, uh, subscribe to this channel and hit
that notification bell so that you'll be the first to get notice of my videos each week.
Now, let's talk about this, guys. Can you relate to being the only person in your family without a
green card or without US citizenship? Um, perhaps you've been here for more than 20 years as well,
and you're living your life and you're thinking, what in the world am I ever going to get
through? Um, were you mentioned in an old family petition, an old I one 30 that was filed for a
relative of yours years ago? Is your name on that petition? Uh, is the petitioner now deceased? Have
you been told that you've aged out of the system and you cannot get your green card? Or perhaps
you've worked with a bad lawyer in the past who is now, uh, maybe disbarred and cannot practice
law anymore? Uh, is DACA your only lifeline? Is that the only thing that you have to, uh, to,
to work and maybe travel once in a while? Um, and is U S C I S confused about your
background, guys? This was the case with our client. All of these things were going on with
him. And so let's talk about a little bit about his background Now, what was going on with him?
Well, first of all, his aunt had filed for his dad in the 1990s and client was named on that
petition. He then entered the United States in 1999 and now has Hez DACA 10 years ago. His father
got through and got the green card and everyone else, the other siblings got it except for him
after his dad got the green card he filed for his son, our client. Now then, um, they apparently had
also worked with a bad lawyer back in the day and it didn't, that that lawyer didn't do such a great
job and the case was refiled. And then the dad, uh, has an approved I one 30 since 2013 and no
action has been taken on the case before coming To us. They came to us, um, in, uh, July of 2021
and the fir and met with me. Actually, I was reviewing the consultation notes to prepare for
this video, and, uh, they met with me. And in, during the meeting at the end of the meeting,
I indicated that we're gonna have to do a case assessment to request their records from the
government to see whether it is possible for him to get through, to be able to adjust his status
through an old amnesty that we still have on our books Section 2 45. I some of you may be familiar
with it. And so I was, um, I I was specifically looking for that because I knew if we were able
to find what we could find in his records, we would be able to help him get his green card. So
we requested his records as well as his father's records from the government so that we could have
a more complete picture and find what we need. We indeed found what we needed, and this is a
lawyer's dream immigration lawyer. We love to find, um, the, uh, that, that someone is eligible
under section 2 45 i of our law. We then concluded that he can get his green card through adjustment
of status, and he would not need to leave the United States guys for an embassy interview.
And no waiver was needed in his case either. And although he has unlawful presence before he got
DACA guys, he had accrued some unlawful presence in his, on his record. He can still adjust his
status under section 2 45 I, and we did not need to prove that he was physically in the United
States when the petition was filed. Um, that early petition, the sys the aunts petition guys, because
it was filed before 1998. And if it was, if, if an old family petition was filed before 1998,
you do not have to prove that you were physically inside of the United States around that time.
Okay? So that's different from a petition that was filed after 1998 and before April 30th,
2001, in which you would have to prove that you were physically here in the United States during
that period of time, not so in this client's case. And so we were able to use his father's approved
I one 30 petition from 2013 to do the adjustment of status for him under this, um, amnesty. And
so the firm filed in March, 2022 and the case was approved this month, um, last week. And so we're
so thrilled for him. Guys, and I'm gonna jump back on the screen briefly here. Uh, we're so thrilled
for him because after so many years, it's so easy to lose hope or, you know, but, but I will save
this if we weren't able to find What we needed in the records.
Um, of course, you know, there's a process to appeal to, to get to, to, to get more records
from the government because they do re they redact these records that we request, but uh, that anyone
requests from them, they redact them, but we were able to find what we needed if we weren't.
And, um, even after an appeal, uh, and nothing was there to prove, uh, that he was indeed mentioned
on this very old petition that his aunt filed in the 1990s, then he would need to complete a
waiver, pr, pa, uh, process and then go oversees for an embassy interview for a visa. But we're so
thrilled that's not what happened here. And if you're in a situation, every case is different.
Obviously every case is dif different. And because we achieved this outcome in this particular case,
doesn't mean that we're guaranteeing a similar outcome, uh, in your case or any
case that we work on for that matter. But the point is, it, it's if you have
these similar facts, get a lawyer to look at your background to see if there's any hope,
um, in making this work. Now, this client had the right dynamics. He had an approved I one 30 from
his dad, and so you're gonna need a petitioner guys for something like this to work. And,
um, so reach out to us if you wanna talk more about a process to adjust your status without
having to leave the United States. Um, it's rare, but these things do happen. And when they're hap,
when they happen, uh, we're so thrilled for the clients. Guys,
I hope you found this helpful. Be sure to share this good news with others and stay
encouraged. Keep the faith and I will see you in the next one. Bye-bye.