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Years Abroad, a J-1 Waiver, and Finally a Green Card for Jamaican Mother
A complex immigration history involving a J-1 visa, waiver, and sponsorship challenges could have stood in the way of permanent residence. McBean Law helped a Jamaican mother secure her green card approval without a USCIS interview.
Her Story
Our client, a Jamaican citizen, first came to the United States in 2016 on a J-1 visa to work as a teacher in South Carolina. Because of her J-1 status, she was subject to the two-year home country physical presence requirement. Fortunately, she previously obtained an approved No Objection waiver, meaning she was no longer required to spend two years in her home country before becoming eligible for permanent residence.
She left the United States but much of the time spent abroad was not in her home country of Jamaica. Time in another country does not necessarily satisfy the J-1 home residence requirement. Her approved waiver removed a barrier to adjustment of status. She later returned as a visitor.
Her most recent arrival was in September 2024 on a B-2 visa, when she came to help her adult son relocate back to the United States after an extended stay abroad. Her 27-year-old U.S. citizen son wanted to petition for her.
Although he was eligible to petition for his mother, another important issue had to be addressed: he needed to establish that the United States was his domicile before he could properly serve as the financial sponsor in her case.
How We Helped
We carefully reviewed our client’s full immigration history, including her prior J-1 status, the two-year foreign residence requirement, her approved waiver, her subsequent travel, and her most recent B-2 admission.
We confirmed that her previously approved J-1 No Objection waiver resolved what otherwise could have been a major obstacle to adjustment of status, and we included evidence of the waiver approval with her filing. We also identified the domicile issue involving her U.S. citizen son.
Because he had been living outside the United States, he needed to take steps to reestablish his U.S. domicile so that he could properly petition for and financially sponsor his mother.
Once we addressed those issues, we prepared and filed the family-based adjustment of status case in July 2025 and guided the family through the process.
Our client was initially scheduled for an adjustment interview at the Charleston Field Office in September 2026. Then, in August, USCIS unexpectedly canceled the interview.
The Outcome
The cancellation turned out to be excellent news.
A day after the cancellation, USCIS approved our client’s green card without requiring an interview.
After a complicated immigration history involving J-1 status, a two-year home residence requirement, an approved waiver, years spent abroad, and the need for her son to reestablish U.S. domicile, this Jamaican mother is now officially a lawful permanent resident of the United States.
Contact McBean Law for Immigration Relief
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.
