The immigration system still works!
When a person enters the United States lawfully, that lawful entry can make a big difference in the immigration options available later.
Our client is a citizen of Jamaica who entered the United States in 2013 on a B-2 visitor visa.
She was admitted using a visa that was issued in her own name, and she entered the country lawfully.
Although she had traveled back and forth before, she eventually overstayed her visa.
She had no criminal history and had never been arrested.
Importantly, she kept key documentation, including her old passport with her I-94 record showing lawful entry, along with her long-form birth certificate and other proper civil documents.
Her daughter later became a lawful permanent resident through marriage and then became a naturalized citizen in 2025.
There was a tax issue that delayed the daughter’s naturalization process, but she resolved that issue by paying the taxes and was then able to move forward.
During a consultation with McBean Law in June 2025, we advised the family to wait until the daughter officially became a U.S. citizen before starting the immigration case for her mother.
The daughter wanted to move quickly, and as soon as she took the oath and received her naturalization certificate, she became eligible to file for her mother as an immediate relative.
In November 2025, our legal team filed the I-130 Petition for Alien Relative and the I-485 Adjustment of Status application concurrently.
This strategy was possible because our client had been lawfully admitted to the United States with a visa.
Because she is the parent of a U.S. citizen over the age of 21, she qualified for this process.
As an immediate relative, she was eligible to apply for adjustment of status in the United States even though she had overstayed her visa.
In February 2026, just three months later, USCIS approved both the I-130 petition and the I-485 application!
Our client became a lawful permanent resident without ever having to leave the country.
This victory was possible during these challenging times because of careful planning, experience and an error-free application process.
If you entered the United States lawfully, overstayed your visa, and have a qualifying U.S. citizen family member, you may still have options to apply for a green card from inside the United States.
Call us at (914) 898-9488 to schedule a private consultation.
P.S. Every case is different. Prior results do not guarantee similar outcomes. Always consult with a licensed immigration attorney about your specific situation.
