With a careful review of the person’s immigration history, the correct legal analysis, and thorough preparation, a complicated case can still lead to a successful outcome.
Our client from Fiji first entered the United States on a B-1/B-2 visitor visa in 1998. After overstaying that visit, she departed the United States in 2000. She remained outside the country for approximately 16 to 17 years before lawfully returning in 2017 with a new 10-year visitor visa.
Her immigration history was further complicated by her use of different surnames throughout her life, including her maiden name and her late husband’s surname. Her children’s birth certificates also contained inconsistent surnames, and her previous attempts to correct those records had been unsuccessful.
Despite these complications, she had built an impressive personal and professional history. She earned a master’s degree in diplomacy and international Relations in 2024 and has remained actively involved in human-rights education, professional development, entrepreneurship, and community empowerment.
When her U.S. citizen daughter turned 21, our client became eligible to pursue permanent residence as the parent of an adult U.S. citizen. However, she was concerned that her case was moving too slowly with her former attorney and sought our assistance.
How We Helped
Our team carefully reviewed her complete immigration and travel history, including her prior overstay, departure from the United States, lengthy period abroad, subsequent lawful return, and use of different legal names.
We determined that the 10-year unlawful presence bar was no longer applicable because she had remained outside the United States for well over 10 years before returning. We also addressed the inconsistencies in the family’s identity documents and explained the different surnames appearing on her children’s birth certificates.
With a clear legal strategy and careful documentation, we filed the Form I-130 petition and Form I-485 adjustment of status application in February 2026, based on the petition filed by her adult U.S. citizen daughter.
Our client attended her adjustment of status interview on August 5, 2026, at the USCIS San Francisco Field Office.
Just one day later, on August 6, 2026, USCIS approved her application. Despite a complicated immigration history involving a prior overstay, departure from the United States, a later lawful return, and inconsistent family records, she became a lawful permanent resident in only six months.
McBean Law, PLLC is a New York immigration law firm and your trusted partner in navigating the complexities of immigration law in the United States. With a focus on personalized support and a proven track record of success, our experienced team of immigration attorneys is here to help you achieve your dreams of a brighter future in the United States.
Every case is different. Prior results do not guarantee similar outcomes. Always consult with a licensed immigration attorney about your specific situation.