McBean Immigration Law

I-485 Approved for Client from Peru After Years Out of Status 

For our client from Peru, building a future in the United States came after years of uncertainty, setbacks, and living without legal status — all while holding onto hope that one day there would be a path forward. 

He first came to the U.S. in 2012 on an F-1 student visa to pursue his studies. After returning to Peru, he reentered the United States in 2016, again on an F-1 visa, and later received employment authorization through Optional Practical Training (OPT). For a time, he was doing everything right — studying, working, and building a life

That stability came to an abrupt halt when his OPT was revoked. Allegations that he had exceeded allowable unemployment days led to the formal revocation of his EAD card in early 2021. Suddenly, he was left without lawful status and without the ability to work legally. Like many individuals in similar situations, he remained in the United States, navigating life in the shadows while uncertain if or when he would ever have a chance to fix his status. 

Despite the fear and uncertainty, his life took a meaningful turn in mid-2024 when he met a U.S. citizen through an online app. Their relationship grew quickly, grounded in shared values and faith. They married that same year and began living with his spouse’s family while preparing to pursue the immigration process together. 

In July 2024, our client consulted with McBean Law seeking guidance on whether adjustment of status was even possible after years out of status, a revoked OPT, unauthorized employment, and a minor criminal history. 

We conducted a full review of his immigration history, including his prior F-1 status, OPT revocation, and work history. We also carefully evaluated his criminal record — a 2015 alcohol-related driving offense and a 2017 open-container ticket — both of which were fully disclosed and did not rise to the level of inadmissibility. Transparency and accuracy were critical at every stage. 

Our team developed a comprehensive, marriage-based adjustment strategy. We prepared and filed the I-130 Petition for Alien Relative and the I-485 Application to Adjust Status in December 2024, supported by extensive evidence of a bona fide marriage. 

Because financial sponsorship was required, we secured a qualified joint sponsor to meet the affidavit of support requirements. We also ensured that all prior immigration issues, employment history, and background questions were addressed clearly and consistently to avoid delays or complications. 

The adjustment interview was scheduled at the Philadelphia Field Office for October 2025. At the interview, the couple confidently presented documentation of their genuine marriage and answered all questions regarding immigration history and background without issue. 

Just one month after the interview, in November 2025, our client received approval of both the I-130 and I-485 applications

After years of living without status and fearing what the future might hold, he officially became a lawful permanent resident of the United States. 

Today, he is excited to begin the next chapter of life with stability, security, and the ability to plan for the future alongside his family

Cases involving prior status violations, revoked employment authorization, unauthorized work, and criminal history require careful planning and precise execution. Without the right legal strategy, even strong marriage-based cases can face unnecessary delays or denials. 

At McBean Law, we take the time to fully understand each client’s history, address risks head-on, and build a clear path forward — because second chances deserve skilled advocacy. 

If you or a loved one are unsure whether adjustment of status is possible due to past immigration issues, you don’t have to navigate it alone. Call (914) 898-9488 to schedule a private consultation. 

P.S. Every case is different. Prior results do not guarantee similar outcomes. Always consult with a licensed immigration attorney about your specific situation. 

About the Author

mcbeanlawfirm

McBean Law, PLLC is a New York immigration law firm and your trusted partner in navigating the complexities of immigration law in the United States. From family-based visas to employment-based green cards, we specialize in guiding clients through every aspect of the immigration process with expertise and compassion. We help clients with obtaining waivers, removal defense, motions and appeals, humanitarian requests, consular processing, and naturalization and citizenship. With a focus on personalized support and a proven track record of success, our experienced team of New York immigration lawyers is here to help you achieve your dreams of a brighter future in the United States.

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