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Aug 26th 2011, 3:04 pm
Replies: 112
Views: 143,379
Posted By S Folinsky

Re: VWP Entry and Adjustment of Status: New Decision

One takes the cases as they come. The initial goal was to keep the guy off the plane and finish the adjustment. Ultimately he was removed. The arena had then moved, as you note, abroad. That...
Aug 24th 2011, 11:52 pm
Replies: 112
Views: 143,379
Posted By S Folinsky

Re: VWP Entry and Adjustment of Status: New Decision

A while back I mentioned that I was working on a case with another attorney where a VWP entrant had married a US citizen. He was arrested out of the interview in June 2010 in San Diego. CIS made...
Jul 25th 2011, 6:09 pm
Replies: 112
Views: 143,379
Posted By S Folinsky

Re: VWP Entry and Adjustment of Status: New Decision

There is a phrase that often applies: "Your mileage may vary."

Furthermore deponent sayeth not other than I am consulting on a case where we are trying to get a person back on much more...
Apr 26th 2011, 1:51 pm
Replies: 112
Views: 143,379
Posted By S Folinsky

Re: VWP Overstay -- How Best to Marry?

I just want to add that your last two posts are, IMHO, excellent.

Life has risks.
Apr 24th 2011, 8:17 pm
Replies: 112
Views: 143,379
Posted By S Folinsky

OT, Very OTRe: VWP Entry and Adjustment of Status: New Decision

My favorite parody was Dan Niel's comment (http://articles.latimes.com/2005/mar/16/autos/hy-neil16) on the naming of the Mercedes CLS.
Apr 24th 2011, 7:59 pm
Replies: 112
Views: 143,379
Posted By S Folinsky

Re: VWP Entry and Adjustment of Status: New Decision

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...
Apr 23rd 2011, 2:54 pm
Replies: 112
Views: 143,379
Posted By S Folinsky

Re: VWP Entry and Adjustment of Status: New Decision

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...
Mar 18th 2011, 11:21 pm
Replies: 112
Views: 143,379
Posted By S Folinsky

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.
Feb 5th 2011, 6:48 pm
Replies: 112
Views: 143,379
Posted By S Folinsky

Re: VWP Entry and Adjustment of Status: New Decision

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...
Jan 4th 2011, 9:18 pm
Replies: 112
Views: 143,379
Posted By S Folinsky

Re: VWP Entry and Adjustment of Status: New Decision

AILA has posted this (http://www.ailaslipopinionblog.org/2011/01/03/visa-waiver-program-litigation-update/) regarding on-going litigation.

Again, no advice given.
Dec 28th 2010, 4:26 pm
Replies: 112
Views: 143,379
Posted By S Folinsky

Re: VWP Entry and Adjustment of Status: New Decision

The last "published" case from a Court of Appeals was the Third Circuit in Bradley (http://www.ca3.uscourts.gov/opinarch/084184p.pdf) last April. Bradley had petitioned for Certiorari to the Supreme...
Dec 21st 2010, 6:36 pm
Replies: 112
Views: 143,379
Posted By S Folinsky

Re: VWP Entry and Adjustment of Status: New Decision

In a recent unpublished decision, Dehkordi v Holder (http://www.ca9.uscourts.gov/datastore/memoranda/2010/12/17/08-70275.pdf), a panel of the 9th Circuit opined that Momeni holds that a VWP can't...
Dec 9th 2010, 10:13 pm
Replies: 112
Views: 143,379
Posted By S Folinsky

Re: VWP Entry and Adjustment of Status: New Decision

We are in agreement. It is nice to see an attorney publish something agreeing with what I had been harping on for years. [Although I disagree strongly with use of "30/60", I think Momeni undercuts...
Dec 8th 2010, 2:21 pm
Replies: 112
Views: 143,379
Posted By S Folinsky

Re: VWP Entry and Adjustment of Status: New Decision

Fascinating area -- and did Freeman and Momeni and their ilk change the "pre-concieved intent" doctrine?

Note that Gerald was not talking about "clean entry" and stuff like that.
Oct 2nd 2010, 5:57 pm
Replies: 112
Views: 143,379
Posted By S Folinsky

Re: VWP Entry and Adjustment of Status: New Decision

I am consulting on a case arising from San Diego where the alien was a VW from Germany who had made a bona fide asylum claim. DHS claims that his application is "squarely foreclosed" Momeni. They...
Oct 1st 2010, 1:01 pm
Replies: 112
Views: 143,379
Posted By S Folinsky

Re: VWP Entry and Adjustment of Status: New Decision

You left out the most important description in the blog:

The USCIS failed to mention this exception in the denial as you can see below.
Feb 19th 2010, 5:42 pm
Replies: 112
Views: 143,379
Posted By S Folinsky

Re: VWP Entry and Adjustment of Status: New Decision

Another interesting case: Lee v USCIS (http://pacer.ca4.uscourts.gov/opinion.pdf/081659.P.pdf). This case does not involve a VWP admission -- Mr. Lee is entitled to a hearing before an Immigration...
Feb 12th 2010, 6:47 pm
Replies: 112
Views: 143,379
Posted By S Folinsky

Re: VWP Entry and Adjustment of Status: New Decision

Concur. In such cases, the danger is at the POE. If person is turned around, then marriage plans will have to change.
Feb 8th 2010, 11:32 pm
Replies: 112
Views: 143,379
Posted By S Folinsky

Re: VWP Entry and Adjustment of Status: New Decision

Elaine:

I pretty much agree. In my mind, the main point is that there is now another negative published Court case adverse to marriage after VWP. And we know that CIS has some mighty strange...
Showing results 1 to 19 of 19


 
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