The team at McBean Law is proud to present the compelling journey of our Jamaican client who navigated through great legal hurdles due to fraud and misrepresentation to secure his place as a lawful permanent resident in the United States. Our client overstayed his visa and later married a U.S. citizen in 2007.
His spouse filed an I-130, Petition for Alien Relative, and the client filed an I-485, Application to Adjust his status along with that. He was admitted as a conditional permanent resident, contingent on the proof that his marriage was bona fide.
However, the couple faced a significant setback when they attempted to remove the conditions on his residence. USCIS denied their joint Form I-751, citing insufficient evidence of a bona fide marriage. The denial led to the termination of his conditional resident status, and he was placed in removal proceedings. Complicating matters further, the client and his wife divorced in 2013. After his divorce, the client married another U.S. citizen. This marriage enabled him to once again pursue adjustment of his status.
The immigration judge terminated the ongoing removal proceedings to allow for this adjustment, and in 2014, the I-130 filed on his behalf was approved.
However, during the adjustment interview in 2015, it was discovered that the client had willfully misrepresented information on his visitor’s visa application to enter the United States and on the I-130, specifically, failing to disclose his prior marriage to his first spouse. The client was unaware of this omission, as his wife had handled the application forms, and he had no intent to deceive, considering his first marriage had been legally dissolved. In an effort to rectify the situation, the client filed an Application for Waiver of Grounds of Inadmissibility (Form I-601), arguing that there was no intentional misrepresentation and highlighting the hardships his current wife would endure if he were deemed inadmissible.
Unfortunately, the waiver lacked adequate documentation and was ultimately denied, and the client was placed in Immigration Court a second time. That’s where McBean’s team stepped in. He hired us to defend him in Immigration Court and to prepare another 601 waivers and the adjustment of the status case before an Immigration Judge.
At the Individual Hearing, the client’s wife excelled as a witness during the hearing. She convincingly detailed the significant financial, psychological, and medical hardships she and her stepson would face if the client were deported to Jamaica. Although USCIS and ICE/DHS expressed strong opposition to our client’s case, we were able to persuade the Immigration Judge to approve the case!
In April 2024, we received the amazing news that our I-601 waiver and I-485 adjustment of status application were approved!
This victory underscores the critical importance of comprehensive preparation and the significant impact of personal testimony in immigration court. It also emphasizes the necessity for individuals facing similar legal challenges to engage skilled legal counsel who can effectively navigate the system’s complexities, submit thorough documentation, and prepare clients and their families for critical testimonies.
Our team recently helped a Nigerian client with her fight against removal proceedings.
If you or someone you know needs help with an immigration case, click here to request a consultation with an attorney.
P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.
