Lawful Permanent Residence Through Section 245(i) Adjustment of Status - Overcoming Entry Without Admission – Matter of E.A.D.P.

E.A.D.P., a native and citizen of Mexico, faced significant challenges in his pursuit of permanent residence after living in the United States for decades without lawful status and having entered without admission or parole. However, thanks to the Law Office of Alexander R. Vail, E.A.D.P. was able to navigate these complex obstacles and successfully secure lawful permanent residence without having to leave the country for consular processing. Through expert knowledge of section 245(i) of the Immigration and Nationality Act and meticulous preparation addressing all statutory requirements, Alex was able to help E.A.D.P. achieve his immigration goals despite his challenging circumstances. This case highlights how specialized legal expertise can unlock opportunities under complex immigration provisions that many attorneys may overlook.

LAWFUL PERMANENT RESIDENCE STATUS GRANTED

Matter of E.A.D.P. (2025)

E.A.D.P. is a native and citizen of Mexico who, having lived in the United States for decades without any lawful status, consulted with Alex about how to obtain permanent residence. Because he had entered without admission or parole, he would typically be required to complete consular processing in order to obtain an immigrant visa abroad. But Alex learned that he was the principal beneficiary of a Petition for Alien Relative ("Form I-130") filed on 30 April 2001. After carefully reviewing the circumstances of his case, Alex determined that E.A.D.P. was prima facie eligible for adjustment of status under section 245(i) of the Immigration and Nationality Act (hereinafter referred to as the "INA").

Accordingly, Alex helped E.A.D.P. prepare a comprehensive packet that contained all the evidence necessary to establish statutory eligibility under section 245(i) of the INA, taking pains to ensure all the nuances of that statute were addressed since the petition under which he was grandfathered was filed after 15 January 1998. This involved including evidence of his physical presence in the United States on 20 December 2001, evidence that the petition was "approvable when filed," and evidence overcoming all prospective grounds of inadmissibility. When U.S. Citizenship and Immigration Services ("USCIS") scheduled E.A.D.P. for his interview, Alex ensured that E.A.D.P. was fully prepared for all potential lines of questioning. USCIS granted E.A.D.P.'s application, and he 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 complex requirements under section 245(i) of the INA and his meticulous attention to the specific evidentiary standards required for petitions filed after January 15, 1998. By identifying E.A.D.P.'s eligibility as the principal beneficiary of a Form I-130 filed on the critical deadline of April 30, 2001, Alex was able to transform what would typically require consular processing abroad into a successful adjustment of status within the United States. His comprehensive preparation addressed every nuance of the statute, including establishing physical presence on December 20, 2001, proving the petition was approvable when filed, and successfully overcoming all grounds of inadmissibility. This strategic approach allowed E.A.D.P. to obtain permanent residence without the risks and delays associated with departing the United States for consular processing.

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.