Case: I-130/I-485
Applicant/Beneficiary – Chilean
Location: Houston, TX
Our client entered the United States in June 2021 from Chile 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 August 2021, our client and his U.S. citizen girlfriend married in the United States.
In August 2021, they contacted our office regarding adjustment of status. They retained our office on September 1, 2021. One main issue in his green card application was the fact that he came to the United States under the visa waiver program. As our office wrote in a previous success story, 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 based on 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 October 12, 2021. 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. All went well and the receipt notices, fingerprint appointment, and work permit came on time.
Before the interview, we prepared our clients via conference calls. On May 25, 2023, our client was interviewed at the Houston, TX USCIS Field Office. The interview went well, and the USCIS approved his adjustment of status application on June 10, 2023. Now, our client is a green card holder.