Folinskyinla

Hi:

Got it. Part of the problem of bring up Momemi is that was aslo somewhat "parsed" to death to determine the rules. Of which there are none. Besides Momemi there are also the two Freeman cases. She did the visa waiver express. A year after the adjustment was filed, he husband died. The Dark Forces denied the visa petition and summarily removed her. In Freeman I, the court held that her I-130 survived and remanded for proceedings consistent with the decision. CIS approved the I-130 but denied the I-485. In Freeman II, the court determined that CIS was well within its rights to determine that Freeman abandoned her I-485 by departing the US without advance parole when DHS removed her.

Bottom line -- DHS has the right to screw an alien -- and it will not be "safe sex." [bad pun, I know -- but I'm making a point].

meauxna

heh, yes, it's a bit fun going through that other thread.

BTW, papasmurf85, jmood & others interested in this topic, that thread should be required reading for you.

I haven't followed up on the Freeman issue lately (her attorney & US family are here in town) but I wonder why she didn't pursue a visa from her I-130. Maybe she wasn't really interested in living here without her husband afterall, or she earned a ban on her return.

Anyway, I've PMd one of the posters from that thread who might be able to help us create a wiki entry on the topic. If anyone else is interested, please message me.

fatbrit

Nope -- the problem with Momeni and the other very few cases that have come to light is that they are very much the exception rather than the rule. And if the express method is going to be discussed with the negatives, a balanced assessment would also have to look at the obvious advantages: quickest, least hassle, shortest time apart, etc.

jmood

Wow, the Y1B case (that other thread) is intense! An OMG! The thing I'm not clear about from that posting is how many days after the 90 day period the AOS paperwork was filed. From all that was written, it seems the only apparent reason was the 90 day overstay. However a few people expressed cynisicm as to whether there might have been something else underneath it all - as there was minimal paperwork on the deportation. Mr. Folinsky also endorsed the "they could, so they did" way of things. But given how harsh it all went, one still wonders whether there might have been something else underneath that perhaps Y1B doesn't mention.

Anyway, point well taken. There is no one answer and if "they" can, they just "might". So better do the right thing the right way.

Phew...

crosscountryrider

Hey Fatbrit,
I am with you in this matter. All cases did some fundamental wrong things
within their AOS process.
Even AILA statements in the internet expressing that those examples should be viewed with care.
I found it difficult to use those cases as an example for failed AOS under VWP.

However I believe that Meauxna's statement comes very close to the true motivation via VWP AOS will be dealt with discretion in this forum.

It actually a very sensible statement in emotional disscusion.

And it's a fair point without knowing the exact legal situation.

CCR