Case: I-130/I-485
Applicant/Beneficiary – Spanish
Location: North Olmsted, OH
Our client entered the United States in December 2021 from Spain under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days. She came to the U.S. to see her U.S. citizen fiancé. Her fiancé filed a K-1 visa petition for her and she was waiting for the K-1 visa interview in Madrid, Spain. Nonetheless, she came to the U.S. to spend time together with her U.S. citizen fiancé.
While she was staying in the U.S., the omicron variant became widespread. Our client and her fiancé changed their plan and she married her U.S. fiancé in April 2022.
In April 2022, they contacted our office and consulted with us regarding the adjustment of status. After consultation, they retained our office. 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. 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.
Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on June 10, 2022. Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices and the fingerprint appointment all came on time. Before the interview, we thoroughly prepared our client via conference calls. On April 2, 2023, our client was interviewed at the Cleveland, OH USCIS Field Office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients. The interview went well, but the USCIS issued a Request for Evidence for an updated I-693 medical record. Our office filed the Response to RFE on March 6, 2023 along with her I-693 record. Eventually, the USCIS approved her adjustment of status application on March 9, 2023. Now, our client is a green card holder.