Navigating Family-Based Immigration: How Adjustment of Status Secured Permanent Residency for a German National

Family-based immigration is a cornerstone of the U.S. immigration system, providing a pathway for families to reunite and live together in the United States. In the case of Matter of S.H. (2025), a German national who entered the United States as a minor on a nonimmigrant visa, the challenges of past immigration violations were successfully navigated through the adjustment of status process.

S.H. and his spouse, a U.S. citizen, were initially concerned about S.H.'s immigration status due to his overstayed visa, but with expert guidance from Alex, they learned that they did not need to leave the country to apply for permanent residency. Alex explained that, as an immediate relative of a U.S. citizen, S.H. could apply for adjustment of status without facing the adverse consequences of leaving the U.S. The successful application demonstrated the importance of understanding eligibility requirements, addressing potential grounds of inadmissibility, and being well-prepared for the interview process.

This case highlights the significant opportunities available for families facing complex immigration issues, proving that, with the right legal guidance, it is possible to navigate these hurdles successfully.

LAWFUL PERMANENT RESIDENCE STATUS GRANTED Matter of S.H. (2025)

S.H. is a native and citizen of Germany who had entered the United States with his mother decades ago as a minor on a B nonimmigrant visa. Circumstances that arose after their entry led to them remaining past the authorized period of stay. After marrying a United States citizen, S.H. and his spouse consulted with Alex to determine the best path moving forward. Alex explained that S.H. did not have to depart the United States to obtain permanent residence—a departure which would trigger adverse immigration consequences—but, rather, could pursue adjustment of status under section 245(a) of the Immigration and Nationality Act (hereinafter referred to as “the Act”) despite the violation of the terms of nonimmigrant visa status. Many of the grounds of ineligibility set out in section 245(c) of the Act do not apply to an “immediate relative,” and Alex explained that S.H. qualified as such. Accordingly, Alex prepared a comprehensive filing that was sufficient to demonstrate statutory eligibility and overcome all the prospective grounds of inadmissibility. Come the time of the interview, Alex ensured S.H. and his spouse were well-prepared to address all potential lines of questioning. U.S. Citizenship and Immigration Services (“USCIS”) granted S.H.’s adjustment application, and S.H. is now a lawful permanent resident of the United States.

If you or a loved one is facing challenges in family-based immigration or adjusting your status, the Law Office of Alexander R. Vail is here to help. Call us today at (725) 221-5998 or contact us online to schedule a free consultation. Let us guide you through the process and help you achieve your immigration goals.

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