Case: I-130/I-485
Applicant/Beneficiary – Korean
Location: San Diego, CA
Our South Korean client entered the United States in May 2021 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 90 days.
In August 2021, our client and her U.S. citizen boyfriend married in the United States. They contacted our office and retained us. 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.
Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on August 10, 2021. Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before her authorized stay period expired. Everything went smoothly and the receipt notices, fingerprint appointment, and the work permit all came on time. There was no Request for Evidence. Prior to the interview, we thoroughly prepared our clients. On April 19, 2022, our client was interviewed at the San Diego, CA USCIS Field Office. Despite the visa waiver issue, the USCIS officer approved her green card application on April 21, 2022. Now, our client is a green card holder.