Successful Family-Based Immigration: Italian Family Secures Permanent Residency through Adjustment of Status

Navigating the complexities of immigration law can be challenging, especially when dealing with overstays and family-based petitions. However, Matter of N.V., G.C., & M.C. (2025) is a prime example of how the right legal guidance can help families secure lawful permanent residence, even after overstaying their initial visa period. N.V., along with her two children, G.C. and M.C., had entered the U.S. under the Visa Waiver Program (VWP) / ESTA but decided to remain in the country after N.V. became romantically involved with a U.S. citizen. Instead of returning to Italy, N.V. married her boyfriend and consulted with Alex to explore options for adjusting their immigration status.

Alex explained that as immediate relatives of a U.S. citizen, they were eligible to pursue adjustment of status under section 245(a) of the Immigration and Nationality Act (INA), even though they had overstayed their permitted stay. With careful preparation and a comprehensive filing, Alex ensured that all three individuals, N.V., G.C., and M.C., met the necessary statutory requirements. After submitting the proper forms, U.S. Citizenship and Immigration Services (USCIS) approved their applications, granting them lawful permanent residency in the United States.

This case highlights the importance of understanding eligibility for adjustment of status and the power of family-based immigration petitions. With the right legal support, even families who have overstayed their visa can find a path to permanent residency.

LAWFUL PERMANENT RESIDENCE STATUS GRANTED Matter of N.V., G.C., & M.C. (2025)

N.V., G.C., and M.C. are citizens of Italy who had traveled to the United States via VWP / ESTA. During their time in the United States, N.V. became romantically involved with a United States citizen. Rather than return to Italy with the children, N.V. decided that she wanted to marry her boyfriend and make the United States their new home. Shortly after marrying, N.V. consulted with Alex to see if she could still adjust her status and the status of the two minor children, G.C. and M.C., even though they had overstayed the 90-day period they were permitted to remain. Alex explained that each could pursue adjustment of status under section 245(a) of the Immigration and Nationality Act (hereinafter referred to as “the Act”) despite having overstayed because each qualified as an “immediate relative” under the Act. However, since an immediate relative visa petition can never include derivatives, N.V.’s spouse had to file a Petition for Alien Relative (“Form I-130”) for each of them. Accordingly, Alex prepared a comprehensive adjustment filing for each that was sufficient to demonstrate statutory eligibility and overcome all the prospective grounds of inadmissibility. U.S. Citizenship and Immigration Services (“USCIS”) granted N.V.’s, G.C.’s, and M.C.’s respective adjustment applications. All of them are now lawful permanent residents of the United States.

If you and your family are facing immigration challenges or seeking permanent residency, the Law Office of Alexander R. Vail can guide you through the process. Call us today at (725) 221-5998 or contact us online to schedule a free consultation. Let us help you achieve your immigration goals and secure your future in the United States.

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