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Jamaican Client Gets Another Chance Through an I-290B Motion to Reopen Approval
At McBean Law, we understand how devastating it can be to receive a denial from USCIS. Fortunately, denial is not always the end of the road, and a careful review of the facts can make all the difference.
We recently helped a client obtain approval of a Form I-290B Motion to Reopen after USCIS denied his Adjustment of Status application.
His Story
Our client entered the United States in July 2000 as a child on an F-2 visa, accompanying his mother, who was in F-1 student status. He has lived in the United States ever since.
He filed an I-485 Adjustment of Status petition filed by his U.S citizen spouse. Unfortunately, USCIS denied his Adjustment of Status application, claiming that he had not sufficiently proven a lawful admission to the United States.
How We Helped
After thoroughly reviewing the case, we discovered that USCIS had focused on our client’s most recent entry into the United States, which occurred in December 2000 after a brief three-day family trip to Canada.
Because there was no separate I-94 record issued for that return trip, USCIS concluded that he could not establish a lawful admission.
In our Motion to Reopen filed on April 30, 2026, we argued that USCIS applied the wrong standard when evaluating the evidence.
We pointed out that the applicable standard is the “preponderance of the evidence” standard, meaning that an applicant only needs to show that the claim is more likely than not to be true.
We also explained that USCIS failed to properly consider the rules governing automatic I-94 revalidation. Under longstanding immigration regulations and policy, certain nonimmigrants who travel only to contiguous territory for less than 30 days may reenter the United States without being issued a new I-94 entry document.
Our client’s trip to Canada lasted only three days, well within the 30-day automatic revalidation period.
At the time of his return, he remained an F-2 dependent of his mother, who maintained valid F-1 status. As a result, his admission back into the United States was lawful, even though a separate I-94 was not issued for that short trip.
The Outcome
We are excited to share that USCIS granted the Motion to Reopen on June 4, 2026.
This approval gives our client another opportunity to pursue lawful permanent residence and move forward with his immigration goals.
This case serves as an important reminder that immigration cases can often be more complex than they first appear.
Sometimes, a successful outcome depends on understanding the law and presenting clear legal arguments. If your immigration application has been denied, it may be worthwhile to have an experienced immigration attorney review your case to determine whether a Motion to Reopen or another form of relief may be available.
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.
