Lawful Permanent Residence Through Adjustment of Status - Derivative Beneficiary Success - Matter of E.V.H.M.

E.V.H.M., a native and citizen of Mexico, faced potential delays in her pursuit of permanent residence due to erroneous advice from prior counsel. However, thanks to the Law Office of Alexander R. Vail, E.V.H.M. was able to navigate these obstacles and successfully secure lawful permanent residence alongside her husband. Through a detailed understanding of the legal requirements, particularly the concept of derivative beneficiary rights under section 245(i), Alex was able to help E.V.H.M. achieve her immigration goals without unnecessary delays. This case highlights how the right legal expertise can identify opportunities that other attorneys may overlook, saving clients months of waiting and uncertainty.

LAWFUL PERMANENT RESIDENCE STATUS GRANTED

Matter of E.V.H.M. (2025)

E.V.H.M. is a native and citizen of Mexico married to another Mexican national who had a pending adjustment of status application at the time E.V.H.M. consulted with Alex. In screening the case, Alex learned that E.V.H.M.'s husband was pursuing adjustment of status pursuant to section 245(i) of the Immigration and Nationality Act. E.V.H.M. had been erroneously told by her prior attorney that she had to wait until E.V.H.M. obtained permanent residence before she could pursue adjustment of status. After confirming that E.V.H.M.'s husband was the principal beneficiary of the Petition for Alien Relative ("Form I-130") filed before 30 April 2001 and that he was in a family-preference category that permitted derivatives, Alex informed E.V.H.M. that she could immediately pursue adjustment of status as a derivative applicant. That is exactly what she did with Alex's help. The advantage of filing for adjustment she did was evident: the approval of her Application to Register Permanent Residence or Adjust Status ("Form I-485") came on the heels of the approval of her husband's Form I-485. Had she waited to file for adjustment until after the approval of her husband's Form I-485, she would likely have faced a delay of several months (if not longer) before obtaining permanent residence.

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Alex's success in this case stemmed from his comprehensive understanding of derivative beneficiary rights under section 245(i) and his ability to correct the misguidance provided by previous counsel. By recognizing that E.V.H.M. qualified as a derivative applicant based on her husband's status as the principal beneficiary of a pre-April 30, 2001 Form I-130 petition in a family-preference category, Alex was able to secure concurrent processing of both applications. This strategic approach eliminated months of unnecessary delay and provided E.V.H.M. with immediate access to the adjustment of status process, demonstrating how expert legal analysis can transform what seemed like an obstacle into an opportunity for swift resolution.

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.