Adjustment of Status Under Section 245(i) Through Grandfathered Alien Status - Matter of S.R.

S.R., a native and citizen of Mexico, faced significant obstacles in her pursuit of permanent residence due to estrangement from her U.S. citizen sister who had filed a petition on her behalf before the critical April 30, 2001 deadline. Without access to the required Affidavit of Support from her sister, S.R.'s case seemed blocked despite having the benefit of a qualifying pre-deadline petition. However, thanks to the Law Office of Alexander R. Vail, S.R. was able to navigate these family complications and successfully secure lawful permanent residence through an alternative pathway. Through expert understanding of "grandfathered alien" provisions under section 245(i), Alex identified that S.R. could adjust status based on her relationship with her U.S. citizen daughter rather than relying on the estranged sister's petition. This case highlights how comprehensive legal knowledge can uncover alternative pathways when family relationships complicate traditional immigration routes.

LAWFUL PERMANENT RESIDENCE STATUS GRANTED

Matter of S.R. (2025)

S.R. is a native and citizen of Mexico whose U.S. citizen sister had filed a Petition for Alien Relative ("Form I-130") before 30 April 2001. Estranged from her sister, she sought out Alex's guidance on whether she could still pursue adjustment of status under section 245(i) of the Immigration and Nationality Act (hereinafter referred to as the "INA") if she was unable to secure an Affidavit of Support Under Section 213A of the INA ("Form I-864"), a crucial document needed in family-based immigration cases, from her sister. In discussing her circumstances, Alex discovered that S.R. had a U.S. citizen daughter over the age of twenty-one. Accordingly, S.R. could still adjust status under section 245(i) of the INA as the "grandfathered alien" of a qualifying immigrant visa petition even if she was not adjusting on the basis of that petition.

Alex proceeded to help S.R. prepare a comprehensive packet that contained all the evidence necessary to establish statutory eligibility under section 245(i) of the INA. When U.S. Citizenship and Immigration Services ("USCIS") scheduled S.R. for her interview, Alex made sure she was ready to answer all potential lines of questioning. USCIS granted S.R.'s application, and she is now a lawful permanent resident of the United States.

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Alex's success in this case resulted from his deep understanding of the "grandfathered alien" provisions under section 245(i) and his ability to identify alternative pathways when traditional routes are blocked by family complications. By recognizing that S.R.'s status as a grandfathered alien through her sister's pre-April 30, 2001 petition allowed her to adjust status based on any qualifying relationship, including her U.S. citizen daughter, Alex was able to circumvent the estrangement issue that would have prevented her from obtaining the required Affidavit of Support. This strategic approach transformed what appeared to be an insurmountable family obstacle into a viable path to permanent residence, demonstrating how expert knowledge of complex immigration provisions can unlock opportunities that others might miss. His comprehensive preparation ensured S.R. was fully ready for her USCIS interview, resulting in a successful adjustment of status approval.

Navigating the complexities of immigration law requires experience and expertise. If you are facing challenges with your immigration status or need guidance on the adjustment of status process, contact the Law Office of Alexander R. Vail today. Call us at (725) 221-5998 or reach us online for a free consultation, and let us help you navigate your immigration challenges with confidence and expertise.