Friends. If you're interested in here in how we were able to help our client get his ten-year
green card after his marriage fell apart very early on in their relationship and things got
so messy for him. Watch this video because I have some really great nuggets to share with you about
how we were able to help our client. For those of you who are new to me. Welcome. I'm Latoya McBean
Pompey. I'm an immigration lawyer in New York, helping people in many different states and, um,
around the world as well, contact us at McBean law to learn more about what we do, and also follow me
on Instagram at McBean immigration law to get more insights and tips from me. Okay. So what
happened? I am so excited that he got through. I, let me tell you guys so excited because I'll never
forget when he came to the office and he was at the end of that two year green card period.
And he was so nervous. He was, he was basically shaken almost right. He was so nervous because his
wife has gone. Things are over, the relationship is over and he didn't know what to do.
And, um, we started working on the case and let me take you into the presentation on how we were
able to help our client in a very difficult, I 7 51 marriage case. Okay. So here's a little
backstory on the client. He married his us citizen wife in October, 2016 and she filed for him right
away. He was actually overseas at the time of the filing. Nevertheless, he got through
a very quickly actually, and she, he got his two year green card that conditional residency card
in February of 2018. And you might be saying, well, why did he only get the two year green card
and not the 10 year permanent residency card? Well, he got the two year, because at the time the
government approved the wife's petition, they were not married for at least for two years.
Okay. They were under two years in the marriage. And so in that type of context, the government
only gives the two year green card. But then after he got the green card, things fell apart very,
very quickly, very quickly in 2019. And then at the end of December, 2019, December of 2019,
he came to us and, um, he, again, he was very nervous and he wanted us to help him with getting
the 10 year green card. And so there's a role that says that you must file the, uh, the form. I 7
51 petition to remove conditions on your, on the residency. Um, jointly, you must file it jointly
with your spouse before the two year green card expires. And so this may sound very easy, right?
At the end of the two years before spires filed this form with your spouse. Right? But for
Some people, this can be a huge, huge problem, because what if
You are no longer with your spouse, when you get to that, that two year mark, right? What do you
do? And for some people they're separated, but not yet divorced for others. The divorce, the marriage
may have been a knowledge, um, for others, the divorce a divorce was filed, but not yet finalized
at the end of that two years or the divorce was finalized. Um, by that point or the spouse may
have abused the person or the kids or the spouse is deceased. So whatever the circumstance may be,
it can be a very big problem for you if you, um, need to do this jointly with your spouse.
And so what we were going to help our client do was to do it on his own,
okay. Through a waiver process that allows us to do it for us to file this on his own.
Now, um, this was a messy situation, right? Uh, you might have facts very similar, right? You
know, your spouse may accuse you of some things and places you in criminal court proceedings,
while all of this is going on, or the spouse may have blocked,
you cut off communication and you can't get ahold of him or her, or the spouse tries to
take the children away from you. Um, they refuse to file jointly and sign the ice 7 51 with you,
or they kick you out of the house. And guys, I will tell you our client face all of these messy,
messy situations. These were his facts. Now, what did we do? What did we do to help Kim?
Uh, well, firstly, we considered the evidence, right? Because when you're applying to, uh,
remove the conditions on the green card and get the 10 year green card, the government wants to
see a lot of evidence related to the marriage. Uh, they want to see a lot of evidence. And in
this case, our client actually didn't have a lot. I must be honest. You know, it was very limited,
but whatever limited evidence, he was able to pull together for us. We explained each
and every one of them, we submitted a really good write up, uh, with the case. But I will say that.
And then we try to target the type of evidence to that we knew the government was looking for. And
we explained why certain other things were not there. The second thing that we did for him was
we appeared at the interview and we appear telephonically. We appear telephonically.
And on the record during the interview, our attorney who was present, um, uh, over the
phone was able to clarify some issues that came up during the interview and guys, by the way,
I forgot to mention that by the time he had this interview, when he had this interview,
uh, just recently the divorce had not yet, uh, finalized, it was still pending.
And for some of you, you may know that if you go into the ice seven 50, uh, interview and
your divorce is pending, that's actually not a good thing, but the divorce was still pending.
And the officer said, listen, there's not a lot of evidence here related to bonafide marriage.
There's just not a lot of evidence on the marriage side. But, uh, but we were able to still clarify
some issues for the officer and just having the attorney presence. There was helpful in making
the client feel more confident. And then this was what nailed it. This is what did it guys,
this is why he was able to get through because although the evidence wasn't there,
we were able to argue another prong, right around hardship, hardship that he will experience
if he has to leave the United States. And I will tell you, this is the hardest prong to argue.
So the way it works is this. If you're able, if you're able to successfully prove
that the marriage, you have all of the evidence related to the marriage,
being bonafide and marital unity all the way up until the divorce, if you're able to success
to successfully pull that evidence together, then you're good. They could approve you based on that
alone. However, if you don't have enough evidence related to the marriage, you better be prepared
to argue that you will suffer extreme hardship. If you have to go back to your country and why
now we did this in our writeup, we did argue this prong, but when it came down to the interview,
now we needed to do it again and stronger and be very, very vocal, um,
on behalf of our client, why he would suffer hardship if he has to go back to his country.
And so that's exactly what my colleague did. She argued it on the spot. You know, we, uh, discuss
ties to her, his ties to the United States, the conditions in his country, um, and other
significant factors, uh, related to the hardship that he would suffer if he had to leave the United
States and guys, it worked, it worked and his case, his green card was approved on the spot.
The 10 year green card was approved right there at that meeting. And it arrived, um,
came to our office just a few days ago as a matter of fact, but, uh, the, uh, case, um, the notice
that I have his notice here in front of me and the case was actually USC, CIS received the case,
um, at the end of March of 2020, and then it was approved. This notice date was July 22nd,
2021. So that's what happened for him. So very significant. Um, I don't,
I just have to just jump back on here just for a moment and let you know that it's super important
to have counsel with you to be prepared and have that counsel be prepared to also argue hardship
that you will suffer if you have to be sent back to your country. And sometimes guys, um, sometimes
that's what the government needs, right? They need an argument, not sometimes, actually all the time,
they need an argument. And if you don't give that persuasive argument, then um, then this, the case
can go in a very, very different direction. And for our client, I'm really happy that it worked
out in his favor. And so for you, if you're out there and you are, um, at, uh, at the
end of the two year period with your, um, conditional residence card, contact us.
If particularly, if you're thinking about doing it on your own, if you're no longer with your spouse,
if things are really Rocky in the relationship, we're good about helping people in those
situations. And we can work with you in this situation, in any state that you're in, in the
United States, contact us again@mcbeanlaw.com for your consultation, so that we could learn
more and go deeper and, um, and advise you about the chances of success and how we may be able to
help you with your case. You may also call the law office Monday through Friday 9:00 AM
to 6:00 PM Eastern at 5 1 6 8 6, 6 3900 or email us@infoatmcmeenlaw.com. And we'd be, and just say,
I'm ready. I'm ready to have a consultation. Um, and we'll contact you right away to get that
consultation scheduled. Um, guys, please subscribe to my channel, subscribe to McBean immigration TV,
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I hope you found this one, helpful guys, share it with other people. Thanks so much for being
with me and I will see you in the next one. Bye bye. Oh, by the way, don't forget to
follow me again on Instagram at, uh, McBean immigration law. See you soon. Bye-bye.