Wife's Visa Approved After Passport Criminal Charges & Husband's Death

February 13, 2023

It's not over until it's over.

We recently shared this awesome story of perseverance in a 

Our clients were married for nearly five years but never had a chance to live together.

She lived in South America, and he lived alone in the US.

Client filed for his wife and the I-130 petition was approved.

However, the embassy refused to issue the immigrant visa to his wife in 2016

The embassy alleged that she admitted under oath to using a false identity in 2007 when she applied for a visitor's visa.

In 2007, she applied for a visitor's visa using different biographic information than what was on file in her country.

Her case was then investigated and criminal charges were brought against her.

She was charged with falsifying her passport.

Her case was also covered by the media and widely talked about.

Despite all of this, she ultimately obtained the victory in her criminal case!

Her husband later prepared a waiver on his own, and it was denied. 

He came to McBean Law for help after his waiver was denied.  

We told him that his case will be difficult because his wife's criminal record was a big concern at the embassy.

Tragically, while we were working on his case, he passed away in a car accident on his way to work.

We told his wife that the waiver now has less than a 10% chance of approval because it requires a US citizen spouse.

She insisted that we file the case anyway.

We drafted a new waiver and argued that her case should be approved despite her husband's death. 

We filed the case in July 2020 and it was approved 3 months later! 

The embassy issued her immigrant visa, and she is now in the US!

P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult with a licensed immigration lawyer to discuss your unique situation.

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