“Joe” is a citizen of Italy. After registering with CBP’s ESTA program he entered the U.S. under the visa waiver program (VWP). When an individual enters pursuant to VWP they waive their right to a notice of hearing that leads to an order of removal if they remain in America beyond the 90 days that the individual is granted to visit the U.S.
Instead of timely departing, Joe remained in the U.S. after he fell in love with “Nicky,” a U.S. citizen. The couple got married and later Nicky filed documents that would allow Joe to adjust his status to that of a Lawful Permanent Resident. Tragedy then struck the couple when USCIS denied the adjustment application reasoning that Joe was either in removal proceedings or already had an order of removal. The couple retained our office to appeal the denial.
I immediately recognized the fact that USCIS could not produce the signed waiver of notice of hearing. This was an obvious due process violation. I briefed the appeal using applicable Second Circuit case law from Galluzzo v. Holder, 633 F.3d 111 (2d Cir. 2011) that resulted in a new interview and a grant of adjustment of status. I could not have scripted a better result. Below please read Joe and Nicky’s review that they posted on AVVO.com