Case: I-130/I-485
Applicant/Beneficiary – Korean
Location: Auburn, AL
Our client entered the United States in June 2009 from South Korea under the visa waiver program. She came here with her parents when she was a minor. As a Visa Waiver Entrant, she was only authorized to remain in the United States only for 90 days. Nonetheless, she has remained in the United States.
In January 2021, our client and her U.S. citizen husband married. They contacted our office and they retained us. One 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.
Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on June 20, 2021. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. There was no Request for Evidence. Prior to the interview, we thoroughly prepared our clients via conference call. On June 6, 2022, our client was interviewed at the Montgomery, Alabama USCIS Field Office. Despite the visa waiver issue, the USCIS officer approved her green card application on the same day of the interview. Now, our client is a green card holder.