Lawful Permanent Residence Achieved: Thai Mother and Daughter Secure Green Cards Through Stepchild Provision

Navigating the complex pathway to lawful permanent residence in the United States often requires strategic legal planning and thorough understanding of immigration law. When T.K., a native and citizen of Thailand, entered the United States as a tourist with her mother and consulted with an attorney who provided substandard guidance, she faced an uncertain immigration future. After learning that her daughter qualified as a stepchild under section 101(b)(1)(B) of the Immigration and Nationality Act, T.K. consulted with Attorney Alexander R. Vail for proper guidance. In Matter of T.K. (2025), Attorney Vail successfully navigated the immigrant visa petition process under section 245(a) of the INA, resulting in both T.K. and her mother achieving lawful permanent resident status.

LAWFUL PERMANENT RESIDENCE STATUS GRANTED Matter of T.K. (2025)

T.K. is a native and citizen of Thailand who entered the United States as a tourist with her mother. After her mother married a U.S. citizen, she consulted another attorney about seeking permanent residence. Dissatisfied with that attorney's quality of service (and not knowing that her daughter was also able to pursue permanent residence on the basis of her step-relationship to her mother's U.S. citizen spouse), T.K. consulted with Alex for guidance. It was then that T.K. and her mother learned that T.K. qualified as a "stepchild" under section 101(b)(1)(B) of the Immigration and Nationality Act (hereinafter referred to as the "INA") and could pursue adjustment of status on the basis of an immigrant visa petition filed by her stepfather, i.e., the U.S. citizen spouse of T.K.'s mother.

Following Alex's instructions, T.K. and her mother provided Alex with all the documentation required, and Alex prepared a comprehensive packet that established T.K.'s eligibility for adjustment of status under section 245(a) of the INA. U.S. Citizenship and Immigration Services ("USCIS") granted T.K.'s adjustment application, and T.K. is now a lawful permanent resident of the United States.

Understanding the Stepchild Provision in Immigration Law

The stepchild provision under section 101(b)(1)(B) of the INA allows U.S. citizens to petition for their stepchildren for immigration benefits. However, specific requirements must be met for this provision to apply. Most critically, the marriage creating the step-relationship must occur before the child turns 18 years old.

In T.K.'s case, her mother married a U.S. citizen while T.K. was still under 18 years of age, creating a valid step-relationship between T.K. and her stepfather. This meant that T.K.'s stepfather could file an immigrant visa petition (Form I-130) on T.K.'s behalf, classifying her as an immediate relative of a U.S. citizen. This classification is particularly advantageous because immediate relatives are not subject to numerical limitations or quota restrictions.

Unfortunately, T.K.'s initial attorney consultation failed to identify this critical immigration opportunity. The previous attorney apparently did not recognize that T.K. qualified as a stepchild, which would have provided her with a direct pathway to permanent residence through her stepfather's petition rather than relying solely on her mother's case.

Correcting Course: Strategic Legal Guidance for Successfully Securing Green Cards

When T.K. and her mother consulted with Attorney Alexander R. Vail, he immediately recognized the stepchild provisions applicability. This case illustrates the importance of obtaining competent legal counsel who can identify all available immigration pathways and select the optimal strategy.

Attorney Vail's approach involved thoroughly analyzing T.K.'s family relationships and determining that she qualified as a stepchild under the INA. This meant that T.K. had independent eligibility for permanent residence based on her step-relationship to a U.S. citizen, separate from any immigration benefits her mother might pursue.

The strategic advantage of this approach was significant. As the stepchild of a U.S. citizen, T.K. qualified as an immediate relative, which provides the most favorable immigration classification with no waiting periods for visa availability. Additionally, this classification allowed both T.K. and her mother to pursue adjustment of status applications.

Adjustment of Status Under Section 245(a)

Section 245(a) of the INA governs adjustment of status, which is the process of obtaining lawful permanent residence while physically present in the United States, rather than processing an immigrant visa through a U.S. consulate abroad. This process offers several advantages, including the ability to remain in the United States throughout the application process.

To qualify for adjustment of status under section 245(a), an applicant must meet several requirements:

• Have been inspected and admitted or paroled into the United States

• Have an immigrant visa immediately available at the time of filing

• Be admissible to the United States (or have applicable waivers approved)

• Not be subject to certain bars to adjustment of status

Since T.K. entered the United States as a tourist (with proper inspection and admission), and she qualified as an immediate relative with an immediately available visa number, she met the basic eligibility requirements for adjustment of status. Attorney Vail's role involved ensuring that all documentation was properly prepared and that any potential admissibility issues were addressed.

Comprehensive Application Preparation

Following Attorney Vail's guidance, T.K. and her mother gathered all required documentation. The adjustment of status application requires extensive evidence, including:

• Proof of the qualifying family relationship (birth certificates, marriage certificates)

• Evidence of lawful entry to the United States (I-94 records, visa stamps)

• Proof of the petitioner's U.S. citizenship status

• Civil documents establishing identity and eligibility

• Medical examination results

• Financial support documentation (Affidavit of Support)

• Police certificates and background check information

Attorney Vail prepared a comprehensive packet establishing T.K.'s eligibility under section 245(a). This thorough preparation was essential to demonstrate to U.S. Citizenship and Immigration Services (USCIS) that T.K. met all statutory requirements for permanent residence.

Successful Approval and Permanent Resident Status

USCIS granted T.K.'s adjustment of status application, making her a lawful permanent resident of the United States. This status provides T.K. with:

• The right to live and work permanently anywhere in the United States

• Legal protection under all U.S. laws at federal, state, and local levels

• Eligibility to sponsor certain family members for immigration benefits

• Eligibility to apply for U.S. citizenship after meeting naturalization requirements

• Access to educational opportunities and federal student aid

• Ability to travel internationally with a U.S. green card

Additionally, T.K.'s mother also achieved lawful permanent resident status through this process, securing the family's immigration future in the United States.

Key Legal Principles in Family-Based Immigration

Stepchild Relationships: U.S. citizens can petition for their stepchildren, provided the marriage creating the step-relationship occurred before the child turned 18. This provision allows families to stay together even when children are from previous relationships.

Immediate Relative Classification: Stepchildren of U.S. citizens qualify as immediate relatives, the most favorable immigration classification. Immediate relatives have no numerical limitations on visa availability and can proceed directly to adjustment of status without waiting periods.

Adjustment of Status Advantages: When eligible, adjustment of status allows applicants to obtain permanent residence while remaining in the United States, avoiding the need for consular processing abroad and allowing families to stay together during the immigration process.

Quality of Legal Representation: This case demonstrates the critical importance of competent immigration counsel. The initial attorney failed to identify T.K.'s stepchild eligibility, which could have resulted in missed opportunities and longer processing times. Experienced attorneys analyze all family relationships to identify optimal immigration pathways.

Comprehensive Documentation: Successful adjustment of status applications require thorough documentation of eligibility, admissibility, and qualifying relationships. Incomplete or improperly prepared applications can result in delays or denials.

Attorney Alexander R. Vail's Experience in Family-Based Immigration

Matter of T.K. demonstrates Attorney Vail's thorough approach to family-based immigration cases. This case required:

• Comprehensive analysis of family relationships to identify all available immigration pathways

• Recognition of the stepchild provision and its advantages over alternative strategies

• Strategic guidance on documentation requirements and evidence gathering

• Thorough preparation of adjustment of status applications establishing eligibility under section 245(a)

• Navigation of USCIS procedures and requirements to ensure successful approval

• Correction of previous attorney's oversight to achieve optimal immigration outcome

Attorney Vail's practice emphasizes careful analysis of each client's unique circumstances to identify the most effective immigration strategy. In family-based cases, this often involves examining multiple family relationships, understanding complex statutory definitions, and selecting the pathway that provides the most favorable outcome.

This case also illustrates the importance of seeking second opinions when immigration outcomes seem uncertain. T.K.'s initial consultation provided incomplete information, but Attorney Vail's fresh analysis revealed additional opportunities that led to successful permanent residence for both T.K. and her mother.

Family-Based Immigration Services in Nevada

If you or a loved one is seeking lawful permanent residence through family relationships, experienced legal representation is essential. The Law Office of Alexander R. Vail provides comprehensive family-based immigration services, including:

• Immigrant visa petitions (Form I-130) for immediate relatives and family preference categories

• Adjustment of status applications (Form I-485) for eligible applicants in the United States

• Consular processing guidance for applicants processing immigrant visas abroad

• Stepchild and stepparent immigration cases

• Spouse, parent, and child immigration petitions

• Sibling and adult child immigration petitions

• Waivers of inadmissibility for family-based cases

• Second opinions on immigration cases for clients who received inadequate counsel

Attorney Alexander R. Vail has successfully represented numerous families in achieving permanent residence through various family-based immigration pathways. Every case receives careful analysis to identify the optimal strategy, thorough preparation to ensure complete documentation, and strategic advocacy throughout the USCIS adjudication process.

About the Law Office of Alexander R. Vail

Located in Las Vegas, Nevada, the Law Office of Alexander R. Vail provides dedicated representation in family-based immigration matters. Attorney Vail's practice emphasizes thorough case analysis, strategic planning, and meticulous preparation to achieve successful outcomes for families seeking to build their lives together in the United States. The firm serves clients throughout Nevada and handles cases before U.S. Citizenship and Immigration Services offices nationwide.

Navigating the complexities of immigration law requires experience and expertise. Call us at (725) 221-5998 or reach us online for a free consultation.

This case summary is provided for informational purposes only and does not constitute legal advice. Every immigration case depends on unique facts and circumstances. Past results do not guarantee future outcomes. If you need legal assistance, please contact a qualified immigration attorney to discuss your specific situation.