After arriving in the US 10 years ago under the visa waiver program, “Giancarlo”, an Italian citizen, decided to try to make a better life for himself in America. Little did he know that the provisions of the Visa Waiver Program precluded virtually all forms of relief (i.e., opportunities to remain in the U.S.) once he overstayed the allotted 90 days of authorization to remain in the U.S.
In the spring of 2013, Giancarlo was pulled over for running a stop sign in Amherst, New York. The arresting officer checked into Giancarlo’s status in the U.S., at which time it was determined that he had overstayed his authorized period of stay under the visa waiver program. Normally, one who overstays a temporary visa and is detained by the Department of Homeland Security will have an opportunity to see an Immigration Judge and request alternate relief from removal (if available). However, a Visa Waiver overstay will almost never see an Immigration Judge unless they claim a reasonable fear of returning to their country of origin.
It was at this point that Giancarlo’s wife contacted Slepian Law for representation. Andrew Slepian immediately visited Giancarlo at the Buffalo Federal Detention Facility in Batavia, New York, at which point it was ascertained that Giancarlo fell within a narrow exception to the Visa Waiver relief-bar and that, by virtue of marriage to a U.S. Citizen, he could potentially Adjust his Status and become a U.S. Lawful Permanent Resident.
However, Giancarlo was ineligible to apply for Permanent Residence as long as he had been Ordered deported (which was issued against him the day he was detained). But, Mr. Slepian, undeterred, contacted the Department of Homeland Security, Office of Enforcement and Removal Operations, to explain that Giancarlo had meritorious relief and that the Order of Removal should be cancelled to allow him to file for Adjustment of Status. After receiving Slepian Law’s written request to cancel the Order and release Giancarlo from immigration custody, the deportation officer remarked that Slepian Law presented an exceptional case and that Giancarlo’s Order would, in fact, be cancelled and he would be released from immigration custody.
Giancarlo’s Order of Removal was cancelled and thereafter, Slepian Law assisted with the filing of his Application for Lawful Permanent Residence. The Application was approved in September 2013 and Giancarlo became a Lawful Permanent Resident of the U.S. Giancarlo presently lives in Schenectady, New York with his wife and two step children.
