Case: I-130/I-485
Applicant/Beneficiary – British
Location: Johnson City, TN
Our client entered the United States in May 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. In January 2018, our client and his U.S. citizen girlfriend got married in the United States.
In May 2018, they contacted our office and consulted with us regarding the adjustment of status. After the consultation, they retained our office on May 9, 2018. 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, 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 Johnson City, TN, 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 August 1, 2018. Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. There was no Request for Evidence. Prior to the interview, we thoroughly prepared via conference call. On May 15, 2019, our client was interviewed at the Nashville, Tennessee USCIS Field Office. Despite the visa waiver issue, the USCIS officer approved his green card application on the same day of the interview. Now, our client becomes a green card holder.