Case: I-130/I-485
Applicant/Beneficiary – Lithuanian
Location: Columbus, OH
Our client entered the United States in April 2013 from Lithuania under the visa waiver program. She had a transit stamp on the passport though 90 days was given. While her flight was delayed, she spoke with a close friend and decided to stay in the US.
As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days, as was stamped on her passport.
Later, in May 2014, our client married her U.S. citizen boyfriend. However, her authorized stay had elapsed. Our client and her husband contacted our office, and they retained us on May 30, 2014.
One main issue in her green card application through marriage was the fact that she came to the United States under the visa waiver program. Another issue also was the “transit” note there (which also conflicted with the 90 day handwritten date provided on the stamp).
Under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum). The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability; it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.
Our office filed the I-130 Petition and I-485 Adjustment of Status Application on June 26, 2014. Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients. On September 11, 2014, our client was interviewed at the Columbus, Ohio USCIS Field Office. Despite the visa waiver issue, on the same day, the USCIS approved her green card application. Now, our client is a green card holder.