We’re excited to share a significant achievement. This was especially true for Ms. Cervantes (pseudonym chosen to protect her identity), life was moving forward after she recently married a U.S. citizen. But just as things seemed to be falling into place, a DUI led to the loss of her DACA status, throwing her future into uncertainty. The situation was further complicated by the fact that she had originally entered the U.S. without inspection. Without protection under 245(i), her only option to legalize her status would have been a lengthy and uncertain consular process—potentially tearing her away from her new life and husband, let’s dig into her story.
The Lock Of Her Door
Ms. Cervantes’s situation is one that too many people face. Entering the U.S. without inspection usually bars individuals from adjusting their status within the country. For those like Ms. Cervantes, who lost DACA protection due to a DUI and never traveled on DACA advance parole, the path to lawful permanent residency becomes incredibly complex. Unless she could be protected under INA 245(i), her only option to stay in the U.S. legally would involve leaving the country to apply for a visa at a U.S. consulate abroad—a process that could take years and leave her at risk of being denied reentry.
The impact on her life, marriage, and future was potentially devastating. The threat of separation from her spouse, coupled with the uncertainty of consular processing, created a sense of urgency and anxiety. Ms. Cervantes needed a solution that would allow her to remain in the U.S. and adjust her status without having to leave the country.
The Key for The Door
She could be eligible to adjust her status under INA 245(i), a provision designed to help people in her situation. 245(i) offers a lifeline to those who would otherwise be ineligible for adjustment of status due to entry without inspection or other bars. If Ms. Cervantes could prove her eligibility under 245(i), she could bypass the need for consular processing and adjust her status right here in the United States.
WHK Law Firm immediately set to work, building a case that would demonstrate Ms. Cervantes’s eligibility under 245(i). The solution involved gathering detailed evidence, presenting strong legal arguments, and navigating the complexities of immigration law to ensure she could stay with her husband and adjust her status within the U.S.
Ms. Cervantes’s entire immigration history determined she qualified under 245(i). The key was to establish that she was the beneficiary of a qualifying petition filed on or before April 30, 2001, or was otherwise “grandfathered” under the provision. After confirming her eligibility, the necessary documentation to support her application was meticulously prepared, ensuring that every detail was addressed.
Denial Overturned
The turning point came when USCIS reviewed the evidence and agreed that Ms. Cervantes was indeed eligible for adjustment of status under 245(i). This approval meant that she could remain in the U.S. with her husband, without the need to risk separation through consular processing. It was a moment of immense relief for Ms. Cervantes, as her future in the U.S. was finally secured. Ms. Cervantes’s story is a powerful example of how the right legal strategy can overcome even the most challenging immigration hurdles. Thanks to the protection offered by INA 245(i), she was able to avoid the uncertainties of consular processing and secure her future in the United States.
We Can Help You
If you or someone you know is facing similar challenges, don’t wait to seek help. The complexities of immigration law require skilled and experienced legal representation to navigate successfully. WHK Law Firm is here to provide the guidance and support you need to protect your rights and your future. Contact us today to find out how we can help you.