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VWP Entry and Adjustment of Status: New Decision

VWP Entry and Adjustment of Status: New Decision

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Old Feb 5th 2011, 6:48 pm
  #61  
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Default Re: VWP Entry and Adjustment of Status: New Decision

Originally Posted by crosscountryrider View Post
Mr Folinsky maybe will bring more interpretation into this thread.
I don't think so. From what I understand CIS-SD has abandoned the position that Momeni requires them to deny. They have now apparently shifted to a "we can deny if we want to and we will almost always do do." Caution is advised.
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Old Feb 5th 2011, 9:40 pm
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Default Re: VWP Entry and Adjustment of Status: New Decision

Originally Posted by S Folinsky View Post
I don't think so. From what I understand CIS-SD has abandoned the position that Momeni requires them to deny. They have now apparently shifted to a "we can deny if we want to and we will almost always do do." Caution is advised.
Dera Mr Folinsky;
Thank you for your input. I just find this interesting hence I adjusted from VWP. My attorney(RecobLaw) advised me the same. She said that a potential overstay CAN open a can of worms and will bring the USCIS into a position where they can deny you and it will be substanstially harder to make overlooking the overstay.

I a nutshell a overstay depends fully on their mercy! Not a good idea?

Without stressing your "crystal ball" do you think USCIS aims for a principal court decision for those cases?

Just your opinion

Thanks
CCR
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Old Mar 8th 2011, 12:54 am
  #63  
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Default Re: VWP Entry and Adjustment of Status: New Decision-Status upadte

Another update :

USCIS has advised their Field offices regarding VWP AOS procedures:

Reference : AILA document No.11030422 ( don't have access)

And link:http://www.visalawyerblog.com/2011/0...d_marri_3.html


I hope Meauxna will help me out with a detailed interpretation

( she is so much more accurate than me!)

Kind Regards
CCR
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Old Mar 8th 2011, 1:36 am
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Default Re: VWP Entry and Adjustment of Status: New Decision

haha.. I'm just the link monkey.

The key phrase is this:

USCIS HQ has instructed the field that USCIS retains jurisdiction to adjust an alien who was admitted under the VWP, whether or not the adjustment application was filed during the alien's 90-day period of admission.



I don't have any thoughts to add yet but thank you for the update. It's good to have lots of eyes out there!
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Old Mar 18th 2011, 11:21 pm
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Default Re: VWP Entry and Adjustment of Status: New Decision

FYI -- one case I'm aware of out of San Diego. The guy was arrested last June. He has now been released from custody is now winging his way back to Europe.
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Old Mar 19th 2011, 12:13 am
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Default Re: VWP Entry and Adjustment of Status: New Decision

Originally Posted by S Folinsky View Post
FYI -- one case I'm aware of out of San Diego. The guy was arrested last June. He has now been released from custody is now winging his way back to Europe.
What about his wife?
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Old Apr 13th 2011, 4:42 pm
  #67  
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Default Re: VWP Entry and Adjustment of Status: New Decision

Originally Posted by meauxna View Post
haha.. I'm just the link monkey.

The key phrase is this:

USCIS HQ has instructed the field that USCIS retains jurisdiction to adjust an alien who was admitted under the VWP, whether or not the adjustment application was filed during the alien's 90-day period of admission.



I don't have any thoughts to add yet but thank you for the update. It's good to have lots of eyes out there!
All,
for everybody who is following this blog here is the latest update and the official policy of the USCIS:

Link : http://www.visalawyerblog.com/2011/0...nt_of_s_3.html

A second opinion from another lawyer:

http://www.montaglaw.com/blog/2011/04/

Please read both because they are show a variance in their interpretation of the new rule.

The Solicitor General has acknowledged the adjustment eligibility of an alien admitted under the VWP in a brief in opposition to certiorari filed in Bradley v. Holder, Case No. 10-397

In the brief, the Solicitor General acknowledged at page 9:

In general, VWP aliens are excepted from eligibility to seek adjustment of status, but those who qualify as immediate relatives fall within an exception to the exception. See 8 U.S.C. 1255(c)(4). Immediate relatives therefore are subject to the general rule that DHS may grant adjustment of status, “in [its] discretion and under such regulations as [it] may prescribe.”provides that VWP aliens who are immediate relatives must be able to seek adjustment of status in removal proceedings. To the contrary, as the court of appeals explained, VWP aliens have waived any opportunity to use adjustment of status, or any ground except an application for asylum, to challenge removal. Pet. App. 15a (citing Bayo, 593 F.3d. at 507). (Emphasis added). U.S.C. 1255(a). But nothing in that general rule, or in Section 1255(c)(4),

But also note the the Attorney says the Overstays from VWP MAY will be approved as being done in the past!

CCR

Last edited by crosscountryrider; Apr 13th 2011 at 4:48 pm.
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Old Apr 21st 2011, 2:24 pm
  #68  
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Default Re: VWP Entry and Adjustment of Status: New Decision

Crosscountry...

We are currently in the waiting stages of our CR-1. So does this mean we could have gone the AOS route? With some risk attached obviously...
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Old Apr 21st 2011, 2:30 pm
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Default Re: VWP Entry and Adjustment of Status: New Decision

Originally Posted by mikechristina View Post
Crosscountry...

We are currently in the waiting stages of our CR-1. So does this mean we could have gone the AOS route? With some risk attached obviously...
Hi both,
no I don't think so. If I remember correctly you were married already.
To my knowledge this can and most likely will be seen as "pre conceived intent to immigrate".


Worst case depending on what you said at the POE it can be seen as immigration fraud and will occur a lifetime ban.

So I think you did the right way . But I am not lawyer.

Kind Regards
CCR
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Old Apr 21st 2011, 2:50 pm
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Default Re: VWP Entry and Adjustment of Status: New Decision

Originally Posted by crosscountryrider View Post
Hi both,
no I don't think so. If I remember correctly you were married already.
To my knowledge this can and most likely will be seen as "pre conceived intent to immigrate".


Worst case depending on what you said at the POE it can be seen as immigration fraud and will occur a lifetime ban.

So I think you did the right way . But I am not lawyer.

Kind Regards
CCR

Thanks CCR -

Yes, we were married already. What you stated make sense and we def didn't want to be on the wrong side of any POE officer or have a lifetime ban for that matter! We are sitting and waiting ever so patiently
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Old Apr 21st 2011, 2:53 pm
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Default Re: VWP Entry and Adjustment of Status: New Decision

Originally Posted by mikechristina View Post
Thanks CCR -

Yes, we were married already. What you stated make sense and we def didn't want to be on the wrong side of any POE officer or have a lifetime ban for that matter! We are sitting and waiting ever so patiently
Hey,
it will be faster than you think .At least you are together .

Kind Regards
CCR
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Old Apr 21st 2011, 9:02 pm
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Default Re: VWP Entry and Adjustment of Status: New Decision

I just want to confirm that USCIS are processing these again as today, after being placed in limbo last year, I received my Green Card today in the mail

I have to say though that I wouldn't recommend this path due to the time (over 7 years), expense (over $12k), and pain (two denials/appeals).
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Old Apr 23rd 2011, 2:41 pm
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Default Re: VWP Entry and Adjustment of Status: New Decision

I would like to add the actual USCIS memo dated April 7th that confirms the aforementioned new policy.

http://www.uscis.gov/USCIS/Outreach/...%20_040711.pdf

All field offices have been instructed to adjudicate I-485 applications filed by individuals who last entered the U.S. under the Visa Waiver Program (VWP) and overstayed on their merits UNLESS the potential beneficiary is the subject of an INA section 217 removal order. Additionally, field offices have been instructed to hold in abeyance all VWP adjustment applications for potential beneficiaries who have been ordered removed under INA section 217. We are drafting final guidance including an AFM update on this topic we expect to issue soon.
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Old Apr 23rd 2011, 2:54 pm
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Default Re: VWP Entry and Adjustment of Status: New Decision

Originally Posted by mariposah View Post
I would like to add the actual USCIS memo dated April 7th that confirms the aforementioned new policy.

http://www.uscis.gov/USCIS/Outreach/...%20_040711.pdf
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:
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Old Apr 23rd 2011, 4:09 pm
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Default Re: VWP Overstay -- How Best to Marry?

Moderator Note: This post and the one following were split off this thread: http://britishexpats.com/forum/showthread.php?p=9322265

Originally Posted by mariposah View Post
USCIS have released memos to all Districts stating that they are now adjudicating VWP overstays as normal.
I suggest a discrepancy between what you read, what actually happens, and the interpretation you make between the two.


Since the memo was published, I have not heard of one VWP adjudication that was denied.
If there had been any denials... how, pray tell, would you have heard of it?


I would need to know of actual VWP adjustments that have occurred. I do not know of any.
Ditto. Just because you don't know of any, it doesn't necessarily follow that there aren't any.

Ian

Last edited by meauxna; Apr 23rd 2011 at 5:07 pm.
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