Case: I-130/I-485
Applicant/Beneficiary – British
Location: Havertown, PA
Our client entered the United States in June 2017 from the United Kingdom under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days. He remained in the United States after his authorized stay period expired. In March 2022, our client and his U.S. citizen girlfriend married in the United States.
In March 2022, they contacted our office and consulted with us regarding the adjustment of status. After consultation, they retained our office on March 15, 2022. One main issue in his green card application through marriage 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 that 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.
Since our client resided in Havertown, PA, his application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff). However, it was quite foreseeable that the USCIS field office will exercise its discretion to deny his application because of his visa waiver entry.
Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on April 14, 2022. Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Moreover, our office included bona fide marital documents of our client and his wife. Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time.
Eventually, on July 26, 2022, the USCIS approved the I-130 petition without an interview. Then, the USCIS issued a Request for Evidence for our client to submit his I-693 medical document. Our client filed the I-693 to the USCIS on September 13, 2022. As a result, his I-485 adjustment of status application was approved by the USCIS on September 22, 2022. Despite the visa waiver issue, the USCIS officer approved his green card application without an interview. Now, our client is a green card holder.