Case: I-130/I-485
Applicant/Beneficiary – French
Location: Cleveland, OH
Our client entered the United States in November 2013 from France under the visa waiver program. She came here to visit her U.S. citizen boyfriend (now husband). As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.
Less than a month after her entry, in late November 2013, our client and her U.S. citizen boyfriend got married in the United States.
Afterwards, she contacted our office, and they retained us.
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 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.
Another potential issue was immigrant intent. When someone comes on a non-immigrant status or visa waiver, there shouldn’t be any intent on that entry to apply for adjustment of status. In their case though, despite the marriage, at that point they weren’t set on actually living in the United States. Thus, there was no immigrant intent upon entry.
Our office filed the I-130 Petition and I-485 Adjustment of Status Application on December 26, 2013. Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before her authorized period of stay expired. Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. Prior to the interview, we thoroughly prepared our clients.
On April 10, 2014, our client was interviewed at the Cleveland, Ohio USCIS Field Office. We accompanied them at the interview as well. Despite the visa waiver and potential immigrant intent issue, on the same day, the USCIS approved her green card application. Now, our client is a green card holder.