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Oct 2nd 2010, 10:27 am
Replies: 112
Views: 143,379
Posted By Songbird

Re: VWP Entry and Adjustment of Status: New Decision

The problem as I see it is that this 'exception' is seemingly (based upon the other courts decisions referred to prior in this thread) being accepted by the courts as being of secondary...
Jan 29th 2010, 6:33 pm
Replies: 112
Views: 143,379
Posted By Songbird

Re: VWP Entry and Adjustment of Status: New Decision

While I agree it doesn't 'change the law' - imho it does give us some indication of how that law can/ has been interpreted (and accepted by the courts) should DHS opt to pursue similar cases. In that...
Jan 29th 2010, 1:57 am
Replies: 112
Views: 143,379
Posted By Songbird

Re: VWP Entry and Adjustment of Status: New Decision

I'm not an attorney either - and the best that I can do is offer my opinion (based on the courts written and oral transcript of the hearing) fwiw :)
The oral transcript is far more informative as to...
Jan 28th 2010, 10:58 pm
Replies: 112
Views: 143,379
Posted By Songbird

Re: VWP Entry and Adjustment of Status: New Decision

While it's true Bayo gained fraudulent entry - in the overall scheme of things that issue (as far as DHS was concerned) wasn't really relevant. Fraud entry via the VWP or not it was more expedient...
Jan 28th 2010, 9:19 pm
Replies: 112
Views: 143,379
Posted By Songbird

Re: VWP Entry and Adjustment of Status: New Decision

Quite the opposite. If someone properly files before the 90 day VWP window expires then, although the time taken process that application will take them beyond the 90 days, then from my understanding...
Jan 28th 2010, 6:10 pm
Replies: 112
Views: 143,379
Posted By Songbird

Re: VWP Entry and Adjustment of Status: New Decision

Agreed Fb - however, this statement in the ruling is particularly worthy of note in that it specifies decisions made in the 5th, 9th, 6th, 10th circuits. Including their own decision (7th circuit)...
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