Case: I-485 Adjustment of Status
Issue: Visa Waiver Entry
Applicant/Beneficiary – Korean
Location: Wahiawa, HI
Our client entered the United States from South Korea in December 2024 under the Visa Waiver Program, which authorized her to stay for up to 90 days. She had previously married her husband, a U.S. citizen, in South Korea in May 2018, where they had been residing ever since. Her husband filed an I-130 petition on her behalf in March 2024, which remained pending with USCIS as the couple originally planned to complete consular processing in South Korea. However, after traveling to the U.S. in December 2024 due to pressing family matters, she decided to remain here permanently.
A central challenge in her marriage-based green card application was her entry under the Visa Waiver Program. Under this program, eligible foreign nationals may enter the U.S. for up to 90 days without a visa, provided they waive their right to contest any future removal proceedings.
Seeking guidance, the client retained our firm on March 13, 2025, for her Adjustment of Status (AOS). On March 27, 2025, we submitted her I-485 application, formally requesting that USCIS exercise favorable discretion and approve her adjustment despite her Visa Waiver entry. After thoroughly preparing the couple, our firm accompanied them to her interview at the Honolulu USCIS Field Office on September 14, 2026. The very next day, September 15, 2026, USCIS approved her green card.