Successful Adjustment of Status Under Section 245(i), Lawful permanent Residence Without the Need for Consular Processing - Matter of P.R.C.

Navigating U.S. immigration law can be especially complex for those who have entered the country without admission or parole. In the case of P.R.C., a native and citizen of Mexico married to a U.S. citizen, the process of obtaining permanent residence seemed daunting. However, through the expert guidance of the Law Office of Alexander R. Vail, P.R.C. was able to obtain lawful permanent residence without the need for consular processing. The successful outcome was made possible by leveraging section 245(i) of the Immigration and Nationality Act (INA), which allowed P.R.C. to adjust her status based on her derivative beneficiary status from a Petition for Alien Relative (Form I-130) filed before 30 April 2001.

ADJUSTMENT OF STATUS UNDER SECTION 245(I) - LAWFUL PERMANENT RESIDENCE STATUS GRANTED 

Matter of P.R.C. (2025)

P.R.C. is a native and citizen of Mexico married to a U.S. citizen who consulted with Alex about how to obtain permanent residence. As one who had entered without admission or parole, she normally would have to complete consular processing in order to obtain an immigrant visa abroad. But Alex learned that she was the derivative beneficiary of a Petition for Alien Relative (“Form I-130”) filed before 30 April 2001. After carefully reviewing the circumstances of her case, Alex determined that P.R.C. was prima facie eligible for adjustment of status under section 245(i) of the Immigration and Nationality Act (hereinafter referred to as “the Act”).

Accordingly, Alex helped P.R.C. prepare a comprehensive packet that contained all the evidence necessary to establish statutory eligibility under section 245(i) of the Act, taking pains to ensure all the nuances of that statute were addressed since the petition under which she was grandfathered was filed after 15 January 1998. This involved including evidence of the principal beneficiary’s 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.

Just a little over eight months after filing for adjustment of status, U.S. Citizenship and Immigration Services (“USCIS”) granted P.R.C.’s application without even having her come in for an interview. P.R.C. is now a lawful permanent resident of the United States.

If you’re navigating the complexities of U.S. immigration law and facing challenges with your application, the Law Office of Alexander R. Vail can provide the legal expertise and guidance you need. Contact the Law Office of Alexander R. Vail at (725) 221-5998 or online, for a free consultation, and let us help you navigate your immigration challenges with confidence and expertise.