I wanna talk with you in this one about what you should do if you have gotten that denial
from your marriage case. And if you're watching this with your spouse, terrific. But if you're
not watching it with your spouse, that's fine, because I'm gonna also cover what you should
consider doing in the event you guys are not even together anymore. Firstly, friends, what
you should think about is, well, what was denied? What exactly was denied? Was it the petitioner or
your spouse's I one 30 family petition, or perhaps it was your green card application,
the, uh, adjustment of status application. Was it only the I 7 65, which is your employment
authorization document? Um, was it that your work permit or was it perhaps the form I 1 31,
which is your travel document? Because friends dependent on what was actually denied you, your
response will perhaps look a little differently if your spouse's I one 30 petition was approved,
but yet your green card application was denied for various reasons.
And we're gonna talk about those reasons momentarily then. Well, in that context,
um, you've passed the first level of inquiry, which is whether the marriage is genuine or
bonafide, and you had gotten that approval that it is now you have to just focus in on
what was the reason for the denial of your green card application. Or maybe,
um, it was just your work permit application that was denied for some, a small reason that
can be fixed very easily. As I proceed in this video, I'm going to assume that what was denied,
um, well, what your petitioners i one 30 was denied in addition to your green card
application. And if that's the case, keep watching this video. Secondly,
what is the petitioner's response or reaction to the denial? Is the petitioner still committed to
seeing you through this process to help you to brainstorm and figure out what to do next?
And if that's the case, terrific, excellent. You, uh, you know, you're in a better position than
many other people. Uh, but if your petitioner is not committed anymore to this process,
and this is something that I see very frequently in my practice as an immigration attorney. Um, the
petitioner spouse has said, I'm washing my hands, uh, from this process and I want nothing further
to do with it. I wanna stay with you, but I don't wanna go through this again. It's too tax and it's
too emotional. It's too stressful. It requires too much of me. I have to take time off from work to
maybe, um, meet with a lawyer or go get things printed and copied and it's just too much. I
can't deal with this anymore, but I still love you and I'm committed to you. Sometimes that happens,
guys. Uh, so that might be your situation or perhaps your spouse has said, you know what?
I'm finished with both you and this immigration process. I want nothing further to do with any of
this anymore. And I'm even thinking about filing for a divorce. Believe it or not,
even in that extreme situation, you can still recover, still recover guys,
and get your green card. The other thing that I'd love for you to think about is, and this is super,
super important, why was the case denied? Was it simply denied based on abandonment?
So for example, if the government sent you an interview notice and you guys didn't show up,
and then they deny your case because you've abandoned it, and so, uh, that's, that,
you can certainly recover from that, of course. Or did they deny your case because they didn't
think you provided enough evidence to prove that you guys have a marital relationship or you're
living together or something like that. They just, they don't have enough evidence.
Thirdly, did was your case denied because you had a bad interview? Things just didn't go as well as
you thought it would. It should have gone. Your spouse may have been extremely nervous.
Um, or, and you know, you, have you guys gave them inconsistent responses? Was it just a really awful
interview? Or was your case denied because your petitioner withdrew the case? Or maybe
it was denied because you didn't respond to a request for evidence or a notice of intent to
deny that they sent to your petitioner. Perhaps that was the reason for the denial. But now,
friends, I'd like to talk with you about more serious, and all of those are serious reasons
for the denial. But believe it or not, there are even more serious reasons for a denial. Other
reasons for denial can include, well, perhaps the government has accused you of still being married
to your ex. The government believes that your divorce from your ex was improper. It wasn't,
uh, you didn't give them authentic documents to prove that you were free to marry your partner. Or
perhaps the government has accused you of ignoring the other children that you have. You didn't put
them on your green card application or even the, your spouse's petition. You just omitted them. And
that's always a problem for immigration when they find out about it. Or perhaps they denied your
green card case because you didn't have Lawful entry or you didn't have any proof
of how you entered into the United States. And proven how you entered the United States is a
critical step to adjust your status and get your green card here. And then, guys, even
more serious is the allegation that your previous marriage was fraud. You committed marriage fraud,
and if you've committed marriage fraud, there is a bar to get in a green card if the government
accuses you of marriage fraud and, uh, you're not able to overcome and prove them wrong about it. Or
perhaps maybe they've accused you of now engaging in marriage fraud with your current spouse. Okay?
Those are extremely, extremely serious allegations that you really need to address with, uh, an
experienced licensed immigration attorney. Very important that you get your case looked at very,
very carefully. Okay? So figure out what was the reason for the denial that will help you to
get the right frame of mind in terms of thinking whether you can proceed with a, an, an appeal or
whether you should refile your case. And we're gonna talk about those options
momentarily. But the first thing I, I, I definitely just don't want you guys to panic
because there is a way for some people to recover from these very serious reasons for denial. Next
thing to think about certainly is, well, what should you do if you're still together with
your spouse? If you're still together with your spouse, you've gotta see a lawyer. I,
I recommend that you do that. Um, because the lawyer, although a denial letter,
um, you may understand what it means. Um, and you, you, you're probably thinking, well,
this is easy. We could just appeal this decision. Let's do it on our own. Let's not spend any money
on this. And then you do it on your own. And if you miss something, something very critical,
like even the deadline, um, or certain types of evidence that the government is looking
for something that should have been a simple process ends up being more costly in the end.
So see an experienced immigration lawyer to handle the, uh, what you should do next. Um, perhaps you
should consider appealing the decision. Appealing. The decision is always a good option for couples
who are still together. And perhaps the case was denied based on lack of evidence or improper,
um, uh, you know, uh, mainly lack of evidence or perhaps the government had gotten, uh, some sort
of policy incorrect in its decision as it applied to you. Only the, um, will be able to answer that
part of the inquiry for you, whether it the they got the law wrong or a policy was wrongly
applied to you. So, um, an appeal can be a, a good decision if the lawyer finds these issues. Other
times you should consider refiling when you know certain things are curable. Like maybe if they
accused you of improper divorce, um, you know that you guys weren't free to marry each other.
Um, well get your proper divorce, get the authenticated documents and start over with
your spouse who is still committed to seeing you through, uh, with this process. So there is
a way for you to do that and refile your case. Um, now what should you do if you're no longer
together? Well, you should see a lawyer, okay? You should see a lawyer because the lawyer is going to
scrutinize your background. Look at your record and see what potential other options you have for
a green card. Alright? So you wanna get your case screened to see whether you have any other options
for a green card, and that's what the lawyer can do for you. Now, we've helped thousands of
immigrants, guys, thousands of immigrants. I read our success stories, go on McBean law.com/success
to see how we've helped couples in all of these scenarios that I've discussed in this video,
um, where experts when it comes onto marriage cases and some other types of cases.
Uh, but I want you to take a look at our success, success stories and encourage
yourself and learn about the types of strategies that are really out there to
help you to recover from this. And certainly reach out to our law office for either an
in-person consultation in White Plains, New York, or, um, a virtual consultation,
um, uh, via Zoom or telephone. So call us at (516) 866-3900 to schedule your appointment
with an attorney. And then friends, before you go today, I wanna share with you, um,
a free download that we have that, uh, answers the top 25 immigration questions that we receive,
that we see every week. Download the free guide. The link is below. Now France, of course,
every case is different. We always look at our cases as, um, an individual story and we analyze
it carefully to see how can we get this person to the finish line, which is what we love to do. So
reach out to us at McBean Law and um, have your appointment with us. I hope you found this video
helpful. Share it with other people and friends. I will see you in the next one. Bye-bye.