1. Law Firm Near Me New York Immigration Case Overview and Legal Context
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
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
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
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

