The team at McBean Law is thrilled to share the success story of a Jamaican client who came to the U.S. without inspection, devoted his life to his family, and ultimately got on the right track on his immigration journey. This story highlights the importance of family unity in the face of adversity.
Our client entered the United States without inspection in May 2013.
He met his U.S. citizen spouse in June 2014, and the happy couple began their married life together in April 2017.
Tragically, his spouse was a victim of gun violence before their marriage, and she faced subsequent surgeries and therapy as a result. On top of that, she was diagnosed in 2016 with ovarian tumors that also required surgery. He supported her throughout this difficult time, and through this unwavering devotion he proved that family was truly the most important part of his life.
They went on to have four children together. The only thing in their way was his lack of a green card, so they decided to step onto this immigration path for the good of the family as a whole.
In December 2017, he applied for an I-485, Adjustment of Status and his wife filed an I-130, Petition for Alien Relative.
The I-130 was approved in October 2019, but his I-485 was predictably denied due to his entrance into the U.S. without inspection.
Because of this denial, they consulted with us at our former Long Island office in November 2019. We advised that he would need the I-601A, Application for Provisional Unlawful Presence Waiver, before finishing the green card process at the U.S. embassy in Kingston, Jamaica. They were very nervous about the prospect of him leaving the U.S. to finish the green card process, but they moved forward in faith.
Taking swift action, we submitted an I-824, Application for Action on an Approved Application or Petition to transfer the approved I-130 to the National Visa Center in December 2019.
It was approved in July 2020.
We then proceeded with the I-601A waiver, which was submitted in October 2020. The purpose of the waiver is to ensure that he would not be banned for 10 years upon leaving the U.S. to finish his green card process abroad.
We submitted declarations from the client and his spouse, letters of support, medical records, and other relevant evidence. We highlighted the emotional distress the client’s spouse has endured, including the shooting, her brother’s passing, the ovarian tumors, financial hardship, and the additional hardship she would endure if the client were to leave the United States. This also proved why they could not live in his home country of Jamaica, and the U.S. was the best place for them and their close-knit family.
After a long wait, the I-601A waiver was finally approved in April 2024! With the waiver secured, our client can proceed with the consular process and get one step closer to obtaining his green card.
After so much hardship and uncertainty, he and his family are finally hopeful. Our team will continue to support them tirelessly throughout the remainder of this process, and we will not waiver until the family is reunited permanently in the United States.
If you or someone you know needs help with an immigration case, click here to request a consultation with an attorney.
Our team recently helped another Jamaican client with her I-601A case based on extreme hardship.
P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.
