Adjustment of Status Under Section 245(i): Falguni’s Journey
[Please note: The Client’s name and case key details may have been altered to preserve the identity of the client. This Success Story about Adjustment of status under Section 245(i) is not intended to be an offer of service or case plan. Every case is unique. The Success Story is presented for information purposes only.]
In 1999, Falguni, a widow from India, arrived in New York with her one-year-old son, Chatura, on a B2 visa. They overstayed the visa, which left them undocumented.
Falguni was highly educated and soon accepted a job with an Indian immigrant who had become a U.S. citizen. He offered to sponsor her for an employer-based green card. A labor certification was filed, but the process stopped when her employer suddenly passed away.
Building a Successful Business
Determined to create stability, Falguni started her own home cleaning business. Over the years, her business thrived, employing mostly immigrants from India and their children. Her success allowed her to send Chatura to private schools and later to a respected trade school.
Chatura considered applying for DACA but decided against it to avoid jeopardizing his mother’s situation.
Community Support and Legal Action
In 2018, elders at Falguni’s temple urged her to address her undocumented status due to stricter immigration policies under then-President Donald Trump. One elder accompanied her to the New York office of [nap_names id=”FIRM-NAME-1″]. Wong for a consultation.
After reviewing her case, our team determined Falguni qualified for adjustment of status under Section 245(i) of the Immigration and Nationality Act, revised by the LIFE Act of 2000. She met the requirements: being in the U.S. on December 21, 2000, and having a labor certification filed before April 30, 2001. Chatura also qualified as a derivative beneficiary.
The Path to Residency
We promptly filed the necessary petitions in June 2018. Falguni’s efficiency helped us gather all required documentation quickly. Due to the COVID-19 pandemic, her USCIS interview was delayed, but it finally occurred in Fall 2020. Both Falguni and Chatura answered every question clearly and confidently.
By January 2021, mother and son became lawful permanent residents. Their temple community celebrated virtually, with over 200 participants joining from their homes. If you or someone you know may qualify for adjustment of status under Section 245(i), contact our office today. We are here to guide you through every step of the process.