Case: I-130/I-485
Applicant/Beneficiary – Italian
Location: Elyria, OH
Our client entered the United States in December 2021 from Italy under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days. He married his U.S. citizen spouse in February 2022.
In February 2022, they contacted our office and consulted with us regarding adjustment of status. After the consultation, they retained our office. One main issue in his green card application 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.
Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 16, 2022. Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On June 8, 2022, our client was interviewed at the Cleveland, Ohio USCIS Field Office. Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients. The interview went well, and the USCIS approved his adjustment of status application on June 10, 2022. Now, our client is a green card holder.