CASE: Visa Waiver Overstay Marriage Green Card
ISSUES: Visa Waiver Overstay, Age Gap, Previous Divorces
CLIENT: Hungarian
LOCATION: Cleveland Ohio
Our client came to the United States in November 2009 as a visa waiver entrant from Hungary. He married a U.S. Citizen in January 2012 and retained our office on February 21, 2012 for his adjustment of status application They were hesitant at first because he was a visa waiver overstay, and cases they’ve seen on the internet on visa waiver overstays were not too good. Both of them also have previous divorces. They also have a big age gap. So they were concerned about their chances of winning.
We reviewed their supporting documents and listened to their story, of how they met and fell in love. We also explained and showed a recent CIS memorandum on visa waiver overstays, more of a FAQ memo, stating that adjustment applications based on marriage to a US Citizen for visa waiver overstays should be adjudicated. Prior to this memorandum the CIS were split, granting some visa waiver overstay adjustments while some issue denials resulting to deportation without a removal hearing (for visa waiver, you waiver your right to contest removability in Court).
Our firm then prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 27, 2012. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients at our office. On July 20, 2012, our client was interviewed at the Cleveland Ohio USCIS office accompanied by Attorney Sung Hee (Glen) Yu. The visa waiver memorandum was once again presented to avoid any possible issues. Supporting documents of their bona fide relationship were also submitted. On September 6, 2012, his green card application was approved.
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