The challenges in this case were the Beneficiary’s age as much as it was the requirements and rules of family-based immigration. The elderly mother, the beneficiary, whose remaining family was in the United States, wanted to remain in the United States rather than return to India during the coronavirus pandemic. The mother was in the United States on a tourist visa. We had to be careful about status adjustment because premature immigration filings on tourist visas can raise red flags. The mother’s age was a factor, too, given how long status adjustments can take.
Our solution was pretty straightforward. We counseled our client on potential headaches that culd result from a premature filing. We then helped collect documents and fill out forms to make sure the petition was solid and absent potential problems. We also drafted a letter to request a waiver for biometrics and interview appointments given the mother’s advanced age. In lieu of the latter, we collected police clearance letters from the United States and India. Finally, we filed a timely petition that resulted in success.