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After 12 Years, a Mother and Son Become Permanent Residents Through 245(i) Adjustment of Status
By carefully examining the family’s decades-long immigration history, we identified the client’s previously overlooked § 245(i) protection and transformed what appeared to be a difficult consular processing case into a successful pathway to permanent residence from within the United States.
Their Story
Our client came to the United States from India with her minor son on their B2 visas. Her U.S. citizen mother filed an I-130 petition for her in January 2017 under the F-1 category for the unmarried adult children of U.S. citizens, with her son included as a derivative beneficiary.
A previous attorney filed adjustment of status applications for them before their priority date was current. The applications were rejected. The family was later advised that their only option was to pursue consular processing, which could have required them to seek a waiver and return to India.
How We Helped
We conducted a comprehensive assessment of the family’s immigration history to determine whether another pathway was available. During that review, we found that our client was included as a beneficiary of an I-130 petition filed for her father in 1993.
That qualifying petition provided her with protection under INA § 245(i), allowing her to seek adjustment of status despite having overstayed in the United States. Her son was also eligible to pursue adjustment as the derivative beneficiary of the F1 family-based petition filed by his U.S. citizen grandmother.
Once the January 2017 priority date became available, we filed adjustment of status applications for both mother and son in February 2024.
USCIS interviewed them at the Fresno, California field office in June 2026. During adjudication, USCIS issued an RFE for birth certificates and medical exam results. We helped the family provide the documentation USCIS requested.
The Outcome
On July 21, 2026, USCIS approved both adjustment of status applications.
After 12 years in the United States—and despite a previous rejection caused by a prematurely filed application—the mother and her son are now lawful permanent residents of the United States.
Contact McBean Law for Immigration Relief
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. With a focus on personalized support and a proven track record of success, our experienced team of immigration attorneys is here to help you achieve your dreams of a brighter future in the United States.
Every case is different. Prior results do not guarantee similar outcomes. Always consult with a licensed immigration attorney about your specific situation.
