Immigration Blog

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Visa Waiver order voluntarily rescinded by ICE after 23 years!

Oct 3, 2023 | adjustment of status, Green card, removal, Visa Waiver Program (VWP)

I was recently able to have a visa waiver administrative order rescinded by U.S. Immigration and Customs Enforcement! This was not an easy task! There is very limited information available on rescinding such an order. In fact, many people who overstayed a visa waiver entry may often not even be aware that they are subject to an administrative removal order under INA section 217! Having such as administrative removal order prevents someone from applying for a green card, even if they are married to a U.S. citizen. Unlike other removal orders, like ones issued by an immigration judge, there is no formal process to file a “motion to reopen” a visa waiver administrative removal order. I worked with an ICE officer over the last two years to figure out how to proceed. ICE first asked my client’s U.S. citizen spouse to file a visa petition, which he did. Once it was approved, it took another 7 months for us to receive this rescission order! I am so thrilled for my client, who has been in this country since 2001 and has created a wonderful family! With the administrative removal order against her rescinded by ICE, she can now apply for a green card!

Ruchi Thaker