1. Law Firm Near Me New York Immigration Case Overview and Legal Context
This case involved a foreign national who entered the United States lawfully but remained after the expiration of authorized stay.
A law firm near me in New York evaluated whether statutory relief existed despite the accrual of unlawful presence.
The analysis centered on federal immigration statutes applicable nationwide and procedural compliance within New York jurisdiction.
Entry history and period of unlawful presence
The client entered the United States in 2015 on a J-1 Exchange Visitor visa pursuant to 8 U.S.C. § 1101(a)(15)(J).
After completion of the exchange program, the client remained in the United States without lawful status beginning in 2018.
No removal proceedings had been initiated, but the client accrued several years of unlawful presence under INA § 212(a)(9)(B).
During this period, the client maintained continuous residence in New York and established significant personal and community ties.
2. Law Firm Near Me New York Eligibility Analysis Under Federal Immigration Law
A critical component of the case was determining whether adjustment of status remained legally available.
A law firm near me assessed statutory bars, waivers, and exceptions under the Immigration and Nationality Act.
New York location was relevant for filing jurisdiction and interview processing, but eligibility derived from federal law.
Adjustment of status eligibility through U.S. citizen spouse
The client married a U.S. citizen who met the definition of “immediate relative” under INA § 201(b)(2)(A)(i).
Because immediate relatives are exempt from numerical visa limitations, visa availability was immediate.
Most importantly, unlawful presence alone does not bar adjustment of status for immediate relatives who entered lawfully, pursuant to INA § 245(a).
The client was not subject to the two year foreign residence requirement under INA § 212(e), eliminating the need for a J-1 waiver.
3. Law Firm Near Me New York Filing Strategy and Procedural Compliance
Once eligibility was confirmed, a structured filing strategy was implemented to minimize risk and delay.
The law firm near me ensured that all filings complied with USCIS procedural requirements and New York filing jurisdiction.
The objective was to present a legally clean and well documented adjustment package.
Concurrent filing and evidence preparation
The adjustment application was filed concurrently using Forms I-130 and I-485 pursuant to 8 C.F.R. § 245.2(a)(2).
Supporting documentation included proof of lawful entry, bona fide marriage evidence, financial sponsorship under INA § 213A, and continuous residence records.
No discretionary waiver applications were required due to statutory eligibility.
The filing emphasized clarity, consistency, and legal sufficiency to preempt Requests for Evidence.
4. Law Firm Near Me New York Outcome and Legal Significance
The application proceeded through USCIS processing without interruption.
No Requests for Evidence or Notices of Intent to Deny were issued.
The matter demonstrates how proper legal interpretation can overcome fear based assumptions about unlawful presence.
Approval without delay and lawful permanent residence granted
Following biometrics and interview scheduling, the adjustment of status was approved.
The client was granted lawful permanent resident status under INA § 245, with residence based on marriage to a U.S. citizen.
This case underscores that prior unlawful presence does not automatically foreclose immigration relief when statutory pathways are properly identified.
For individuals searching for a law firm near me in New York, this outcome illustrates the importance of qualified legal analysis rather than assumptions or misinformation.
08 Jan, 2026
