Case: I-130/I-485
Applicant/Beneficiary – Korean
Location: Cleveland, OH
Our client entered the United States in June 2012 from South Korea under the visa waiver program. She came here to visit her U.S. citizen boyfriend (now her husband) during the summer. As a Visa Waiver Entrant, she was only authorized to remain in the United States for only 90 days.
Later, in September, our client and her U.S. citizen boyfriend married in the United States. Her husband contacted our office, and they retained us on September 10, 2012. 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. 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 September 18, 2012. 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 December 21, 2012, our client was interviewed at the Cleveland, Ohio USCIS Field Office. We accompanied them at the interview as well. Despite the visa waiver issue, on December 26, 2012, the USCIS approved her green card application. Now, our client is a green card holder.
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