Case: I-130/I-485
Applicant/Beneficiary – French
Location: New York, NY
Our client entered the United States in August 2014 from France under the visa waiver program. He came here to visit his U.S. citizen wife for a couple months. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days. Later, our client and his wife changed their mind and decided to file I-130/I-485 application for our client in the United States.
One main issue in his green card application through marriage was the fact that he 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.
Another possible issue was immigrant intent. In this case though the beneficiary changed his mind here in the US.
Our office filed the I-130 Petition and I-485 Adjustment of Status Application on September 3, 2014. Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before his authorized period of stay expired. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients through conference calls. On February 18, 2015, our client was interviewed at the New York City, NY USCIS Field Office. Despite the visa waiver issue, on February 20, 2015, the USCIS approved his green card application. Now, our client is a green card holder.