Case: I-130/I-485
Applicant/Beneficiary – British
Location: Fostoria, OH
Our client entered the United States in January 2020 from the United Kingdom. He came under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States only for 90 days. He married his U.S. citizen spouse in March 2020.
In March 2020, they contacted our office regarding adjustment of status through marriage. They retained our office on March 24, 2020. One main issue was the fact that he came to the United States under the visa waiver program. As our office wrote in our previous success story with a similar issue, 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 issuances.
Since our client resided in Fostoria Ohio, his application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff). It was foreseeable that the USCIS field office will exercise its discretion to deny his application because of his visa waiver entry.
Our office filed the I-130 Petition and I-485 Adjustment of Status Application on April 7, 2020. 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 at our office. On December 17, 2020, our client was interviewed at the Cleveland, Ohio USCIS Field Office. Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients. The interview went well, and the USCIS approved his adjustment of status application on the same day of the interview. Now, our client is a green card holder.