Case: I-130/I-485
Applicant/Beneficiary – British
Location: Parma, OH
Our client entered the United States in April 2019 from the United Kingdom under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States only for 90 days. She has a U.S. citizen husband whom she married in August 2018. After she last entered the United States in April 2019, she had not left.
In June 2019, they contacted our office to consult about the adjustment of status process. After the consultation, they retained our office on June 6, 2019. 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. 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.
Our office filed the I-130 Petition and I-485 Adjustment of Status Application on July 20, 2019. Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices, fingerprint appointment, and the work permit all came on time. Prior to the interview, we thoroughly prepared our clients at our office. On July 27, 2020, our client was interviewed at the Cleveland, Ohio USCIS Field Office. Attorney Sung Hee (Glen)Yu, Esq. accompanied our clients. Eventually, the USCIS approved her adjustment of status application on August 13, 2020. She is now a green card holder.