Lawful Permanent Residence Through Adjustment of Status, Overcoming Challenges with a “Waved-Through Entry.” – Matter of J.S.F.

J.S.F., a native and citizen of Mexico, faced challenges in his pursuit of permanent residence due to his unauthorized stay in the United States and lack of documentation related to his entry. However, thanks to the Law Office of Alexander R. Vail, J.S.F. was able to navigate these obstacles and successfully secure lawful permanent residence. Through a detailed understanding of the legal requirements, particularly the concept of a "waved-through entry," Alex was able to help J.S.F. achieve his immigration goals without having to leave the country. This case highlights how the right legal expertise can help clients overcome even complex immigration barriers.

LAWFUL PERMANENT RESIDENCE STATUS GRANTED - OVERCOMING CHALLENGES WITH A “WAVED-THROUGH ENTRY.” Matter of J.S.F. (2025)

J.S.F., a native and citizen of Mexico, had entered the United States as a tourist years ago and failed to depart the United States after his six-month authorized period of stay expired. Many years later, now married to a U.S. citizen, J.S.F. and his spouse consulted with Alex to learn whether J.S.F. could obtain permanent residence without having to depart the United States. What concerned J.S.F. was that he neither had an entry stamp in his passport nor a Form I-94 to document his most recent entry. Alex explained that, pursuant to the Board of Immigration Appeals’ decision in Matter of Quilantan, 25 I&N Dec. 285 (BIA 2010), a “waved-through entry” is still sufficient to satisfy the “inspection and admission” requirement under section 245(a) of the Immigration and Nationality Act (hereinafter referred to as “the Act”). J.S.F. also expressed concern about his having worked in the United States without authorization, but here again Alex assured J.S.F. that many of the bars to eligibility for adjustment set out in section 245(c) of the Act do not apply to an “immediate relative” like him.

Following Alex’s guidance, J.S.F. and his spouse provided Alex with all the documentation required, and Alex prepared a comprehensive packet that established J.S.F.’s eligibility for adjustment of status. Particular care was taken to ensure that J.S.F. provided sufficient evidentiary support for a “waved-through entry,” and come the time of the interview, J.S.F. was well-prepared to address this and all other potential lines of questioning. U.S. Citizenship and Immigration Services (“USCIS”) granted J.S.F.’s adjustment application, and J.S.F. is now a lawful permanent resident of the United States.

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.