Navigating the complex U.S. immigration system can be daunting, especially when pursuing unique green card solutions like marriage to a U.S. Citizen. But what happens when that application process falls through?
LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
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Marriage-Based Green Card Didn’t Work
There are several ways in which a marriage-based green card wouldn’t work out. If your spouse filed for you but then withdrew their petition, if the case was denied because of insufficient evidence for a bona fide marriage, if you were previously married to someone in your country of origin and did not provide a proper authentic divorce decree, etc.
You may be experiencing any number of issues with your marriage-based green card petition, and that can be very frustrating to go through. This is why it is so important to partner with an experienced immigration lawyer who can help answer any questions you may have.
What Are the Next Steps?
Still Married
If you are still married and the marriage is bona fide, you can re-file a marriage petition for a green card with your spouse. It is best to get professional assistance from an immigration lawyer in order to address and fix the issues from the first attempt, in order to have a chance at a successful outcome for the re-filing.
If you do not need to re-file but can instead appeal the decision, you will still want an experienced immigration lawyer’s help.
No Longer Married
If your marriage is over, there are still steps you can take in order to re-file for a green card. However, there are certain questions you will need to look into prior to deciding on a path to move forward.
1. Why Did the Marriage End?
If your marriage ended due to violence in the relationship at the hands of your U.S. or legal permanent residence spouse, you may be able to self-petition for a 10 year green card under VAWA, the Violence Against Women Act.
On the other hand, if the marriage ended simply due to abandonment by your spouse, there is not really a way to re-file through a marriage-based petition.
2. Do You Have a Past Petition?
If you already have a 2-year green card through your spouse, but the marriage has since ended and the green card must be renewed, there is a possibility that you can do that without your ex-spouse’s support. The government may look at your I-751 petition as a waiver and consider your case even though your spouse is no longer in the picture.
On the other hand, if your I-751 gets denied after your spouse has left, you can attempt to re-file with professional help to build a stronger case. If you are in removal proceedings, you may bring your case before a judge. One way in which the I-751 could be argued for is that you would face extreme hardship if you had to go back to your country of origin.
Planning Your Roadmap to Success
Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.
If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.
LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
