McBean Immigration Law

Immigrant Visa Granted for Jamaican Client After I-130 Termination and Reinstatement

Our client entered the U.S. on a B1/B2 visa in 2001 when she was just 9 years old. Like many immigrant children, she had no idea her short visit for summer holidays would turn into a decades-long journey to permanent residency.

Now 33 years old, she is finally a green card holder—after 24 years of living in the U.S.

Her story is one of patience and smart legal strategy.

Our client always had legal entry. She traveled to the U.S. several times as a child using her B1/B2 visa before ultimately staying in the U.S. permanently in 2001.

In 2010, her U.S. citizen mother filed an I-130 petition on her behalf. It was approved, and a case was created at the National Visa Center (NVC) that same year.

But with limited options for people like her—who entered with a visa but overstayed—her case stalled for years.

In 2013, our client received protection under DACA (Deferred Action for Childhood Arrivals). DACA gave her the ability to work legally and live without fear of deportation.

She built a life here, secured full-time employment, and has paid taxes consistently.

Despite having DACA, her pathway to permanent status wasn’t clear.DACA does not lead to a green card by itself.

She needed a legal strategy that would work with her existing immigration history.

Although our client had a lawyer, she reached out to our office seeking a second opinion.

She wanted clarity and options. We reviewed her history and saw she had a golden opportunity: she had a valid, approved I-130 petition through her U.S. citizen mom, a clean entry on her passport, and an approved 601A provisional waiver.

But there was a wrinkle.

Her case had been canceled by the U.S Embassy in Kingston in August 2023 due to inactivity, as her prior attorney hadn’t advanced the case. We immediately argued that this termination was improper.

We made it clear to the U.S. Embassy that an immigrant visa petition should not be terminated while a pending I-601A waiver is under review. Terminating a case during this stage was an error—and thankfully, the Embassy agreed.

Her case was reinstated, and she was promptly scheduled for an immigrant visa interview at the U.S. Embassy in Kingston on March 2025.

We prepared our client thoroughly for her embassy interview. She then traveled to Jamaica for her interview.

We were so thrilled when her visa was granted!

She re-entered the U.S. without issue and is now a lawful permanent resident.

Ready to move forward in your immigration journey?

McBean Law is here to assist you.

As a trusted New York immigration law firm, we’re dedicated to advocating for your future and helping you achieve the life you deserve in the United States.

Click here to request a consultation with one of our experienced attorneys.

P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique 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.

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