Re-Adjustment to Lawful Permanent Residence and Removing Conditions on Status: Successful Cases

The journey to becoming a lawful permanent resident can take many paths, and sometimes it requires navigating the process of re-adjustment or the removal of conditions on one’s permanent resident status. At the Law Office of Alexander R. Vail, we have helped numerous clients successfully transition from conditional permanent residence to full lawful permanent residence.

Cases, such as Matter of D.M. (2023), Matter of A.W. (2023), and Matter of E.M.C. (2019), showcase our expertise in handling delicate re-adjustment and status-removal processes. In these cases, clients like D.M., a DACA recipient, were able to secure advance parole to return to the United States and adjust their status to permanent residence without having to go through consular processing.

Likewise, clients like A.W. and E.M.C., who were facing the expiration of their conditional resident status, were guided through the timely submission of the necessary petitions to remove conditions and secure their lawful permanent residence.

Thanks to Alex’s careful preparation and strategic approach, all these clients were able to secure their permanent resident status without unnecessary delays.

Re-Adjustment to Lawful Permanent Residence & Conditions Removed

ADVANCE PAROLE SECURED & STATUS SUBSEQUENTLY ADJUSTED TO LAWFUL PERMANENT RESIDENCE Matter of D.M. (2023) D.M., a native and citizen of Mexico, was brought to the United States as a small child. Growing up here, she understandably came to see the United States as home. She was therefore very distraught to learn that, having entered the United States illegally, she had to ultimately leave the country in order to complete the permanent residence process. However, because she had availed herself of the Deferred Action for Childhood Arrivals (“DACA”) program, Alex explained that if she were able to obtain advance parole on the basis of her DACA status, she would be eligible to adjust status here in the United States, which would save her the time and stress of having to complete consular processing, which in her case would involve having to secure a waiver of inadmissibility as well—something that, depending on an individual’s circumstances, can be difficult to obtain.Alex helped D.M. built a strong case for why it was important for her to obtain advance parole to visit an ailing relative. U.S. Citizenship and Immigration Services (“USCIS”) approved her request, and D.M. fulfilled the purpose for which she sought advance parole. Upon her return to the United States, she was “paroled” and thus able to satisfy the necessary criterion to adjust status under section 245(a) of the Immigration and Nationality Act on the basis of a Petition for Alien Relative (“Form I-130”) that had previously been approved. With Alex’s guidance, she prepared and filed her Application to Register Permanent Residence or Adjust Status (“Form I-485”) and included all the necessary evidence to ensure she met her burden of proving she was admissible for permanent residence. Without even having her come in for an interview, USCIS approved D.M.’s Form I-485. D.M. is now a lawful permanent resident of the United States.

CONDITIONS ON LAWFUL PERMANENT RESIDENT STATUS REMOVED Matter of A.W. (2023)

A.W. is a lawful permanent resident whose two-year conditional permanent resident status was on the verge of expiring when she approached Alex. Because the marriage upon which she had adjusted her status was less than two years old at the time the agency adjudicated her adjustment application, she had to file the Petition to Remove Conditions on Residence (“Form I-751”) within the 90-day period prior to when her status expired. With less than two weeks away from expiration, Alex nonetheless helped A.W. and her spouse efficiency gather the type of supporting evidence needed and then proceeded to file the petition. U.S. Citizenship and Immigration Services (“USCIS”) found the evidence sufficient to meet A.W.’s burden of proving that she entered into marriage with her U.S. citizen husband in good faith and granted A.W.’s Form I-751, removing the conditions on her permanent resident status.

CONDITIONS ON LAWFUL PERMANENT RESIDENT STATUS REMOVED Matter of E.M.C. (2019)

E.M.C. is a native and citizen of El Salvador who had adjusted her status to that of a lawful permanent resident on the basis of her marriage with a U.S. citizen. However, because the marriage was less than two years old at the time her status was adjusted, her permanent resident status was conferred on a “conditional” basis. Accordingly, within the 90-day period prior to when her status expired, E.M.C. sought Alex’s assistance in preparing and filing the Petition to Remove Conditions on Residence (“Form I-751”). Alex helped ensure that the supporting evidence was sufficient to meet E.M.C.’s burden of proving that she entered into marriage with her U.S. citizen husband in good faith. U.S. Citizenship and Immigration Services (“USCIS”) agreed and granted E.M.C.’s Form I-751, removing the conditions on her permanent resident status.

If you are facing issues with the removal of conditions or re-adjusting your status to lawful permanent residence, the Law Office of Alexander R. Vail is here to assist. With years of experience and a proven track record of success, we can guide you through the process efficiently and effectively. Call us today at (725) 221-5998 or contact us online to schedule a free consultation. Let us help you achieve the stability and security of lawful permanent residence.