mariposah

I did read the memo and re-read it.

Newark D/O have taken those VWP applicants off hold and have started to issue green cards. We have to wait to see what San Diego are doing because last I checked they were still issuing denials.

Where did the person in Germany file his AOS and when was his denial issued.I did not see the adverse factors that you mentioned. (Maybe it got lost in posting?)

mariposah

I am not misinterpreting anything. I am reading what is stated in black and white. Feel free to read between the lines though.

USCIS have begun to adjudicate those VWP overstay AOS' that were on hold in Newark, for sure. Those VWP case applicants received the email stating that their green card was now in production. They did not receive any further interview or any explanation as to why their cases were removed from hold. One applicant, however, was told by an Immigration Officer in September 2010 that her case was on hold pending a memo from USCIS to clarify whether USCIS had jurisdiction over VWP overstays; she now has her green card.

There has been a memo and if you read the AILA/USCIS memo that I posted you will see that USCIS are going to issue final guidance that will be contained in an updated version of the Field Manual. The USCIS memo has stated that USCIS retain jurisdiction and have directed their District Offices to adjudicate based on their merits.

I know of at least 2 people who were issued denials for an adjustment of status. Both of those filed in California and had interviews in San Diego district office. I am sure that I do not have to tell you why San Diego was such a hot potato when it came to filing AOS and why any VWP overstay adjustments were going to be denied. I can promise you that any one who was on VWP overstay and filed in San Diego before April were going to be denied. Period. I do not know of any recent San Diego denials, then again I don't know of any approvals either from there!

Of course I do not have knowledge of denials anywhere else. I only have knowledge of approvals and former holds that are now adjudicated. If you know of any recent ones please let me know.

Out of interest, what did you interpret from USCIS saying that they have now directed their offices to adjudicate these AOS's on their merits?

Thanks.

jeffreyhy

Yes, you did see the adverse factors - every one of them. Nothing got lost.

Regards, JEff

mariposah

I have just posted this from Mr. Folinskys post

"Hi: Read the memo again -- the local office is still given the authority to screw the applicant big time. That final order under section 217 is a single sheet of paper issued by ICE. All CIS has to do is to notify their friends at ICE and then they say "we are powerless."

If you think I am kidding, I know of a person now living in Germany with a 10 year bar to rejoining his wife in the US.

In all fairness, here is a list of all the adverse factors regarding that gentleman:
__________________
No advice is given nor intended by any of Mr. Folinsky's posts on this forum.

http://www.folinsky.com"


After the full colon, there was no list. Usually after a colon is information that follows. Unless the ___________ was what was intended, I didn't see a list. I am using chrome browser and there was no list. Thanks for the unhelpful comment though.

meauxna

The point was that there are no adverse factors.
Much like immigration law text, Mr Folinsky's posts are often an art form of their own.

mariposah

Wirelessly posted (LG-LX600 Polaris/6.0 MMP/2.0 Profile/MIDP-2.1 Configuration/CLDC-1.1)

Aha now that makes sense. Art I understand. Thanks

ian-mstm

And therein lies the discrepancy.

Ian

mariposah

Vast years of experience and pontification can not change the fact that a directive was issued that will result in an actual update in the AFM.

Others may find reading in between the lines is a fun hobby, I prefer just to read and use actual examples as a clarification.
Enjoy your day.

jeffreyhy

Apology accepted.

Regards, JEff

S Folinsky

Case was filed in Los Angeles. AmCit wife was accepted into school in San Diego and case transferred down to there. Applicant was arrested out of the interview last June and detained until this year. Part of the problem was that the DHS was wildly in disagreement with itself. Had the applicant not moved to San Diego, he would have had a green card today.

In a related issue, a few years back I had a client arrested out of an interview. Contrary to regulations and case law, DHS stated they had no jurisdiction and jurisdiction was with the Immigration Court via motion to reopen. OK, we followed DHS's holding and filed a motion to reopen. BIA asked for supplemental briefs on this one. USCIS called me up and had client come in two days later -- please update fingerprints and affidavit of support -- and the adjustment was granted by DHS. DHS then filed an unopposed motion to terminate. By and by out comes the published decision of Matter of Yauri. Note that amicus filed a survey of variation in practice.

I was asked by several attorneys what I was going to do about this awful decision -- my answer was that it was moot inasmuch as my client obtained her green card. Read the case carefully and you might get an idea why national "guidance" does not impress me all that much.

Many of my postings are in the nature of those warnings at the end of prescription drug advertisements -- "Use of this drug will make you feel wonderful, happy and attractive to the opposite sex. However, it may kill you. Consult with your doctor."

jeffreyhy

I haven't seen those advertisements. Most of the prescription drug advertisements I've seen say, "Use of this drug will cure what ails you, but it has numerous and varied side effects that may make you feel so bad you'll wish you were dead." :-)

Regards, JEff

S Folinsky

My favorite parody was Dan Niel's comment on the naming of the Mercedes CLS.

mariposah

Thank you very much. It was very much appreciated.
I understand that the man who was deported tried to adjust in San Diego so it makes sense that he was deported because San Diego made it very clear that they were not going to adjust any VWP overstay cases. I have not heard of any successful cases as of yet, National guidance withstanding.

Thank you for your time.

meauxna

Please keep this thread for discussion of the topic in general. Case-specific questions will be moved to their own threads.
thanks!

crosscountryrider

Mariposah,
you seems to read into my response what you want to see. The current update in the Field Manual even on a national basis don't mean anything.

It is still at the local USCIS director's discretion if they want to adjudicate Overstays or not. Also if the USCIS decides to issue a deportation order you will be arrested when you appear for the interview. Hence you are not adjudicated at the time of interview you will be put into deportation proceedings .

There will not a lot what you can do about it.

I intentionally posted both Attorneys blogs to highlight the fact the adjustments from VWP overstays still contain risks.

I am also in agreement there with my immigration attorney,Mr Folinsky and many other in this forum.

I personally don't understand why you advise in another thread the OP to proceed with Adjustment from VVP/Overtstay despite the risks.

It 's also what Mr Folinsky states in his posts .

I am not a lawyer but I learned to better trust my attorney .

Kind Regards
CCR