Case: I-130/I-485
Applicant/Beneficiary – Australian
Location: Cincinnati, OH
Our client entered the United States in September 2004 from Australia under the visa waiver program. He came here to visit his U.S. citizen girlfriend (now his wife) for a couple months. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days. However, he decided to remain in the United States.
Later, in March 2006, our client and his U.S. citizen girlfriend married in the United States. They have happily maintained their marital life. In 2015, our client and his wife contacted our office, and they retained us on June 29, 2015.
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.
Our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 22, 2016. Our office requested the CIS to exercise favorable discretion in granting adjustment of status. 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. On June 16, 2016, our client was interviewed at the Cincinnati, Ohio USCIS Field Office. Despite the visa waiver issue, on the same day of the interview, the USCIS approved his green card application. Now, our client is a green card holder.