Two of our Anaheim clients were approved for adjustment of status to permanent resident status. Their son, who was born in the United States, turned 21 years old over the summer, and shortly after his birthday we filed for his parents adjustment of status.
Because the parents entered the United States legally using tourist visas in the late 1980s, they were eligible to adjust status to green card holders without having to leave the United States or qualify under INA 245i.
As a general rule, if an alien is an immediate relative of a US citizen, and the alien entered the US legally, adjustment of status is an option. The most recent entry into the US is the most important. In some cases, an alien that entered the US without a visa, may be eligible to adjust status. Two examples involve INA 245i and Quilantan adjustments.
In the present case, my clients entered the US using B-1 tourist visas in the late 1980s. They overstayed the six month authorized stay and never left the United States. In 1992, the wife gave birth to a son in California.
Because the couple never left the US, their last entry into the US was legal. Therefore, when their son turned 21 years old, they became eligible to adjust status through him. We filed the necessary evidence along with the I-130 visa petitions and I-485 adjustment applications, and three months later a joint interview for both parents was held in the Santa Ana office of USCIS.
The officer was someone I’ve worked with on many cases. He is always professional and polite and his understanding of the immigration laws is top-notch. He asked some questions about their immigration history, time spent outside the US and criminal history. My clients had no criminal issues whatsoever which made the interview go more smoothly. At the end of the interview, he told them he was approving their case and they would receive their green cards within a few weeks.
My clients were extremely happy, and they invited me out to lunch afterwards. They talked about being able to visit family in their home country for the first time in almost 25 years. The wife planned to look for a new job now that she had employment authorization and could work anywhere she wanted. They asked questions about naturalization and being able to apply for their parents to come to the US. It was nice to see them so excited about their future.
If you are considering the green card process, contact The Nunez Firm to schedule a consultation. I am happy to meet with you and help you better understand which options are available. There are many rumors out there about immigration processes, new laws and fees, and I enjoy helping people obtain a good understanding of how the immigration laws apply to them.