VWP AOS Denial Appeal??
Oct 11th 2004, 4:17 am
#1
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VWP AOS Denial Appeal??
Hi,
a question here that I am wondering can anyone with experience clarify. If someone enters the US on the VWP and subsequentially marries and applies for AOS and is denied, is there any different rules for them that they cannot appeal the decision? I know on the original entry, a denial at POE cannot be appealed under the VWP, is AOS at a later stage also covered by this clause?
Was mentioned in a thread and it made me wonder how the actual regulation of appeal under the VWP actually works with a spouse of a USC doing an AOS?
Patrick
a question here that I am wondering can anyone with experience clarify. If someone enters the US on the VWP and subsequentially marries and applies for AOS and is denied, is there any different rules for them that they cannot appeal the decision? I know on the original entry, a denial at POE cannot be appealed under the VWP, is AOS at a later stage also covered by this clause?
Was mentioned in a thread and it made me wonder how the actual regulation of appeal under the VWP actually works with a spouse of a USC doing an AOS?
Patrick
Oct 11th 2004, 4:27 am
#2
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Re: VWP AOS Denial Appeal??
inquisitive40:
If the alien that entered under VWP [I-94W] marries a USC and applies for AOS and it is denied, the alien CANNOT APPEAL. If you read the back of the form I-94W, it clearly states that by accepting to be admitted in the US without a visa you are also 'WAIVING' your right to appeal any immigration proceeding or appear in front of an immigration judge. I don't recall exactly the wording, but I have read already of two cases wherein it has been denied and no appeal can be made. In one of them mentioned by Mr. Fonlinsky, he stated that not even a habeas-corpus would do the trick.
If the alien that entered under VWP [I-94W] marries a USC and applies for AOS and it is denied, the alien CANNOT APPEAL. If you read the back of the form I-94W, it clearly states that by accepting to be admitted in the US without a visa you are also 'WAIVING' your right to appeal any immigration proceeding or appear in front of an immigration judge. I don't recall exactly the wording, but I have read already of two cases wherein it has been denied and no appeal can be made. In one of them mentioned by Mr. Fonlinsky, he stated that not even a habeas-corpus would do the trick.
Oct 11th 2004, 4:30 am
#3
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Re: VWP AOS Denial Appeal??
Originally Posted by AGUILA
inquisitive40:
If the alien that entered under VWP [I-94W] marries a USC and applies for AOS and it is denied, the alien CANNOT APPEAL. If you read the back of the form I-94W, it clearly states that by accepting to be admitted in the US without a visa you are also 'WAIVING' your right to appeal any immigration proceeding or appear in front of an immigration judge. I don't recall exactly the wording, but I have read already of two cases wherein it has been denied and no appeal can be made. In one of them mentioned by Mr. Fonlinsky, he stated that not even a habeas-corpus would do the trick.
If the alien that entered under VWP [I-94W] marries a USC and applies for AOS and it is denied, the alien CANNOT APPEAL. If you read the back of the form I-94W, it clearly states that by accepting to be admitted in the US without a visa you are also 'WAIVING' your right to appeal any immigration proceeding or appear in front of an immigration judge. I don't recall exactly the wording, but I have read already of two cases wherein it has been denied and no appeal can be made. In one of them mentioned by Mr. Fonlinsky, he stated that not even a habeas-corpus would do the trick.
Patrick
Oct 11th 2004, 4:31 am
#4
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Re: VWP AOS Denial Appeal??
Originally Posted by AGUILA
inquisitive40:
If the alien that entered under VWP [I-94W] marries a USC and applies for AOS and it is denied, the alien CANNOT APPEAL. If you read the back of the form I-94W, it clearly states that by accepting to be admitted in the US without a visa you are also 'WAIVING' your right to appeal any immigration proceeding or appear in front of an immigration judge. I don't recall exactly the wording, but I have read already of two cases wherein it has been denied and no appeal can be made. In one of them mentioned by Mr. Fonlinsky, he stated that not even a habeas-corpus would do the trick.
If the alien that entered under VWP [I-94W] marries a USC and applies for AOS and it is denied, the alien CANNOT APPEAL. If you read the back of the form I-94W, it clearly states that by accepting to be admitted in the US without a visa you are also 'WAIVING' your right to appeal any immigration proceeding or appear in front of an immigration judge. I don't recall exactly the wording, but I have read already of two cases wherein it has been denied and no appeal can be made. In one of them mentioned by Mr. Fonlinsky, he stated that not even a habeas-corpus would do the trick.
Rene
Oct 11th 2004, 4:52 am
#5
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Re: VWP AOS Denial Appeal??
Originally Posted by inquisitive40
Hi,
a question here that I am wondering can anyone with experience clarify. If someone enters the US on the VWP and subsequentially marries and applies for AOS and is denied, is there any different rules for them that they cannot appeal the decision? I know on the original entry, a denial at POE cannot be appealed under the VWP, is AOS at a later stage also covered by this clause?
Was mentioned in a thread and it made me wonder how the actual regulation of appeal under the VWP actually works with a spouse of a USC doing an AOS?
Patrick
a question here that I am wondering can anyone with experience clarify. If someone enters the US on the VWP and subsequentially marries and applies for AOS and is denied, is there any different rules for them that they cannot appeal the decision? I know on the original entry, a denial at POE cannot be appealed under the VWP, is AOS at a later stage also covered by this clause?
Was mentioned in a thread and it made me wonder how the actual regulation of appeal under the VWP actually works with a spouse of a USC doing an AOS?
Patrick
It is a gray area of the law -- I would not hazzard a definite interpretation. A colleage had a client in that situation where ICE was going to remove without hearing -- he filed a habeas and before the District Court heard the matter, ICE folded and placed the lady in proceedings before an Immigration Judge -- who granted adjustment.
Oct 11th 2004, 6:54 am
#6
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Re: VWP AOS Denial Appeal??
Originally Posted by Folinskyinla
Hi:
It is a gray area of the law -- I would not hazzard a definite interpretation. A colleage had a client in that situation where ICE was going to remove without hearing -- he filed a habeas and before the District Court heard the matter, ICE folded and placed the lady in proceedings before an Immigration Judge -- who granted adjustment.
It is a gray area of the law -- I would not hazzard a definite interpretation. A colleage had a client in that situation where ICE was going to remove without hearing -- he filed a habeas and before the District Court heard the matter, ICE folded and placed the lady in proceedings before an Immigration Judge -- who granted adjustment.
Patrick
Oct 27th 2004, 11:48 am
#7
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Re: VWP AOS Denial Appeal??
Hi
So if you are refused/denied at the AOS interview after marrying on vwp. What happens then ie. how long do you have to return home..when your ead runs out, in a month etc, is there a time line to this refusal.
Regards
So if you are refused/denied at the AOS interview after marrying on vwp. What happens then ie. how long do you have to return home..when your ead runs out, in a month etc, is there a time line to this refusal.
Regards
Oct 27th 2004, 4:17 pm
#8
Bishop John MightBe
Joined: Sep 2004
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Re: VWP AOS Denial Appeal??
Originally Posted by jpr
Hi
So if you are refused/denied at the AOS interview after marrying on vwp. What happens then ie. how long do you have to return home..when your ead runs out, in a month etc, is there a time line to this refusal.
Regards
So if you are refused/denied at the AOS interview after marrying on vwp. What happens then ie. how long do you have to return home..when your ead runs out, in a month etc, is there a time line to this refusal.
Regards
The marriage being genuine seems to be USCIS major concern.
Oct 27th 2004, 4:37 pm
#9
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Re: VWP AOS Denial Appeal??
Originally Posted by MightBe
Who knows! Has it ever actually happened to a person who has a genuine marriage. Never seen it happen or be mentioned on any forum yet!
The marriage being genuine seems to be USCIS major concern.
The marriage being genuine seems to be USCIS major concern.
This question has been raised many a time in various formats but yet to hear a situation where it has been an issue.
Oct 27th 2004, 5:17 pm
#10
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Re: VWP AOS Denial Appeal??
Originally Posted by inquisitive40
Is it as gray as the whole entering and marrying under the VWP (the whole intent question) or is there a normal procedure of denial of appeal and then up to the applicant to try and fight the denial? Also on what grounds could a denial be fought on considering the original VWP traveller signed a document basically waiving the right to appeal?
Patrick
Patrick
It is not the "intent question" that is the thing. It is a matter of procedure. There is no "appeal" from an adjustment denial, but there is a right to "renew" the adjustment before the Immigration Judge. How can you renew if you don't have that hearing?
