Green Card Approval Through Marriage Despite Visa Waiver Entry for Korean Client in Arp Texas

Case: I-130/I-485
Issue: Visa Waiver Entry
Applicant/Beneficiary – Korean
Location: Arp, TX

Our client entered the United States in March 2020 from South Korea under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days. 

She married to U.S. Citizen in September 2017. Since then, they have lived in South Korea. 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 client contacted our office for consultation and retained our office on May 5, 2020 for her adjustment of status application. Our office filed the I-130 Petition and I-485 Adjustment of Status Application on June 1, 2020. Our office requested the CIS to exercise favorable discretion in granting adjustment of status despite her visa waiver entry.  Everything went smoothly and the receipt notices, the 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 September 14, 2021, our client was interviewed at the Dallas (Irving), Texas USCIS Field Office. Despite the visa waiver entry and subsequent adjustment of status issue, the USCIS officer approved her green card application on the same day. Now, our client is a green card holder.