Can a past misrepresentation and a denied waiver ruin your chances of getting a green card?
For our client, a Jamaican national, the answer was no—because she didn’t give up, and she had the right legal team behind her.
She entered the United States on a B-2 tourist visa in December 2019. With no criminal history and a strong record of good moral character, she hoped to adjust her status through her U.S. citizen spouse.
Their relationship had deep roots. They met in 2007, got engaged in 2008, and were married by July 2020. In March 2021, they submitted their first green card application, including the I-130 and I-485.
The I-130 was approved in January 2022—but in April 2022, her I-485 was denied due to an alleged misrepresentation on a 2015 visa application.
That application had listed her as “married,” though she was only in a common-law relationship at the time. She believed the preparer in Jamaica made the error, but immigration officials viewed it as a material misrepresentation.
To overcome this, her prior attorney filed an I-601 waiver—but it was denied due to lack of compelling evidence of extreme hardship to her U.S. citizen spouse.
An appeal (I-290B) followed but was also denied in June 2023 because the brief was never signed—a costly procedural error.
That’s when she turned to us.
She came to our office discouraged but still hopeful. We conducted a full review of her immigration history and previous filings, identified critical weaknesses, and developed a tailored legal strategy.
Since the I-130 was already approved, we moved forward with a new adjustment filing and a stronger I-601 waiver.
We refiled both in September 2024. Her green card interview was scheduled for April 2025.
At the interview, her case was finally approved!
The I-601 waiver and I-485 were both granted—giving her lawful permanent resident status. The waiver approval came just seven months after filing.
Our filing included a thorough personal statement clarifying that she had no intention to mislead anyone in her visa application. We also submitted strong documentation showing that her U.S. citizen spouse suffers from a serious heart condition and chronic pain, relies on her for daily caregiving and financial support, cannot work, and depends on U.S. disability benefits.
Moving to Jamaica was not an option due to inadequate medical infrastructure and lack of support systems.
Her story shows that even when a case is denied—twice—it doesn’t have to end there. With the right legal approach and proper documentation, she turned a complicated and disappointing case into a success.
Now, she can remain in the U.S. with her husband and continue building her life with the stability of permanent residency.
Dealing with a misrepresentation or waiver denial? Call us today at (914) 898-9488 or click here to schedule a consultation with one of our experienced immigration attorneys.
P.S. Every case is different. Past results do not guarantee future outcomes. Always speak with a licensed immigration attorney about your specific situation.
