McBean Immigration Law

I-601A Waiver Approved for Jamaican Client After Overstaying His Visa in the U.S. 

What happens when a father risks everything to stay with his family—and waits nearly 17 years for a chance to make things right with his immigration case? 

In our client’s case, his patience, perseverance, and the right legal support finally opened the door to a brighter future. 

A native of Jamaica, our client first entered the United States in 2006 on a C1/D visa as a crewman, working as a storekeeper and cleaner aboard a ship. 

After completing his contract, he was scheduled to return home in November 2007—but instead, he made the difficult decision to remain in the U.S., seeking a better future. 

He was told he wouldn’t be eligible to adjust his status in the U.S. and would have to leave the country to obtain a green card. 

Unsure of his options and fearful of separation, he never tried again. 

He married in 2008, later divorced, and found love once more—marrying his current U.S. citizen spouse in 2019. Together, they have built a life and home with their two young children, ages 4 and 6. 

Their youngest child was born with sickle cell anemia, a painful and life-threatening condition that requires constant medical attention. His wife, the child’s primary caregiver, works part-time while managing the enormous physical and emotional responsibilities of caring for their family. 

By the time he came to our firm in June 2018—and then again in October 2021—he had spent nearly 15 years living in limbo.  

In November 2021, he retained our firm to pursue the legal path he had waited so long to take. 

Our strategy included filing an I-601A provisional waiver for unlawful presence and an I-824 to transfer the already-approved I-130 petition to the National Visa Center (NVC). Once we confirmed the case was at the NVC, we filed the I-601A waiver in October 2022. 

We centered our hardship argument on the emotional, financial, and psychological burden that removal would place on his U.S. citizen spouse—especially in light of their child’s chronic illness.  

We also advised his wife to undergo a psychological evaluation, which confirmed her extreme emotional stress and dependence on her husband’s presence and support. 

We emphasized the impossibility of relocating to Jamaica: limited access to life-sustaining medical care, lack of economic opportunity, and the devastating impact on their family’s stability. 

Then in March 2025, USCIS issued a Request for Evidence (RFE), seeking even more proof of hardship. Our team responded promptly in April with updated psychological records, new medical documentation, financial records, and letters of support from loved ones. 

Just weeks later—in April 2025USCIS approved the I-601A waiver

With this approval, our client is now one step closer to completing consular processing at the U.S. Embassy in Kingston, Jamaica—and after nearly 17 years in the United States, he is finally on the path to lawful permanent residency. 

Many families remain stuck in limbo for years—not knowing when their situation will change. But with the right legal guidance and a refusal to give up, even the most complicated stories can move toward resolution. 

Need help navigating a long, difficult case? 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 unique. Past successes do not guarantee similar future results. Consult a licensed immigration lawyer to discuss your specific situation.  

About the Author

mcbeanlawfirm

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. From family-based visas to employment-based green cards, we specialize in guiding clients through every aspect of the immigration process with expertise and compassion. We help clients with obtaining waivers, removal defense, motions and appeals, humanitarian requests, consular processing, and naturalization and citizenship. With a focus on personalized support and a proven track record of success, our experienced team of New York immigration lawyers is here to help you achieve your dreams of a brighter future in the United States.

You may also like these