Case: I-130/I-485
Applicant/Beneficiary – British
Location: Miami, FL
Our client entered the United States in August 2012 from the United Kingdom under the visa waiver program. He came here to visit Miami, FL. As a Visa Waiver Entrant, he was only authorized to remain in the United States for only 90 days.
Later, in December 2012, past the 90 day period, our client married his U.S. Citizen wife in the United States. Our client contacted our office, and he retained our office on January 8, 2013.
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 March 27, 2013. Our office requested the CIS to exercise favorable discretion in granting adjustment of status. 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 over conference call.
On October 28, 2013, our client was interviewed at the Miami, Florida USCIS Field Office. Despite the visa waiver issue, the USCIS officer approved his green card application on November 8, 2013.