Weird case!!!

[imbolso 0]

I had the same problem after my interview. I was told that my interviewer will approve my i-485 but at the moment is some internal thing in immigration going on where the VWP is being changed. Now I am hoping that it has to do with making the Visawaiver paperless. That whole change is suppose to be done by the end of summer. I overstayed for 10 years so we will see. I can let you know in 3 weeks what happened. Immigration has 90 days to inform you about a decision on a case. I look at it this way its been over 2 month and I have not gotten a denial, that must be a good thing

Furthermore I asked a lawyer about the new i-94w law and this is the response

"I posted before my question is what kind of new law is coming out about holders of the i-94w and when is it going into effect. Thank you

Answers (1)

Ralf D. Wiedemann

Posted 25 days ago. This attorney is licensed in Pennsylvania.

The law has not changed, but the agency responsible for admitting travelers at the borders is changing its procedures to eliminate the paper I-94W in favor of electronic records. This process is in effect already now, but the agency has indicated that paper I-94Ws may still be used while the system is being fully implemented."

Hope that will ease your mind a bit.

Good luck

Well i had my interview yesterday and the officer said that they been working on vwp for about 3 months now

thats when her boss told her to start puttin vwp cases on pending.

i asked her how long i had to wait and she said that she could not tell me cause they r workin on it.

i think that we are going to be fine .i overstayed 8 years.

thanks n let us know when you hear something from them i will do the same.

[JimVaPhuong 4,863]

Folks, I don't think this has anything to do with either a transition to paperless entry or with any new laws. The transition to paperless entry for VWP has been going on for some time now, and there have been no new laws passed to amend the INA recently.

What you need to remember is that AOS is discretionary, and it always has been. The immigration officer will weigh the facts and evidence, according to the guidelines in the Adjudicators Field Manual, and make a decision. In most cases where the applicant is clearly eligible to apply, the immigration officer will determine that the positive factors outweigh the negative, and they will approve the AOS.

Because it is discretionary, the immigration officer has always had the authority to deny an AOS to anyone for any reason. They don't generally deny people for random reasons because they don't want their decision to be slapped down by an immigration judge. Any IO who repeatedly has their decisions overturned by an immigration judge is going to be severely chewed out by his boss. The Adjudicators Field Manual gives them plenty of guidance on how to make a decision, and gives them references to many previous BIA and federal court cases that set precedence for how specific decisions should be made.

The only thing it would take for USCIS field offices to radically change the way they handle AOS applications for VWP entrants is a policy memorandum from the director of USCIS, and a subsequent update to the Adjudicators Field Manual. They don't need a new law because the current law already gives them sufficient discretion. The new paperless entry system doesn't change the terms of entry - a VWP entrant still must agree to the "no contest" clause, and waive any right to have any decision by an immigration officer reviewed.

From what you people are posting, it sounds like the director is revising the AOS policies for VWP entrants, and the field offices have been told to put those AOS cases on hold until that new policy has been issued. If you are hoping that this new policy will significantly reduce your chances of being denied - don't hold your breath. There have been decisions in several federal circuit courts of appeal that have established that USCIS can refuse to accept an AOS application from a VWP entrant who is out of status, and just deport them. USCIS offices in the jurisdictional areas of those courts have become more strict with those AOS cases, and have been either refusing to accept them or denying them. I suspect any new policy memorandum is going to unify those policies across ALL field offices, and avoid any further decisions in any other federal appeals court districts. I can't imagine the director issuing a policy memorandum that nullifies the effect of any VWP overstay when there have been no court decisions that established they should do this, and several court decisions that established they should not.

In other words, it's already bad for a lot of people, depending on which district they live in. I suspect it's going to become uniformly bad for everyone soon.

[USUY2010 4]

Well i had my interview yesterday and the officer said that they been working on vwp for about 3 months now

thats when her boss told her to start puttin vwp cases on pending.

i asked her how long i had to wait and she said that she could not tell me cause they r workin on it.

i think that we are going to be fine .i overstayed 8 years.

thanks n let us know when you hear something from them i will do the same.

What I don't understand is why you entered on VWP. Uruguay is not on VWP.

Les deseo lo mejor!!

P.S. I just noticed your name is I'm bolso. Hahaha. Yo también.

Edited August 20, 2010 by USUY2010

[imbolso 0]

I had the same problem after my interview. I was told that my interviewer will approve my i-485 but at the moment is some internal thing in immigration going on where the VWP is being changed. Now I am hoping that it has to do with making the Visawaiver paperless. That whole change is suppose to be done by the end of summer. I overstayed for 10 years so we will see. I can let you know in 3 weeks what happened. Immigration has 90 days to inform you about a decision on a case. I look at it this way its been over 2 month and I have not gotten a denial, that must be a good thing

Furthermore I asked a lawyer about the new i-94w law and this is the response

"I posted before my question is what kind of new law is coming out about holders of the i-94w and when is it going into effect. Thank you

Answers (1)

Ralf D. Wiedemann

Posted 25 days ago. This attorney is licensed in Pennsylvania.

The law has not changed, but the agency responsible for admitting travelers at the borders is changing its procedures to eliminate the paper I-94W in favor of electronic records. This process is in effect already now, but the agency has indicated that paper I-94Ws may still be used while the system is being fully implemented."

Hope that will ease your mind a bit.

Good luck

Please let me know as soon as you hear from them, we r pretty much in the same boat!

sisoybolso@hotmail.com thank you

[imbolso 0]

What I don't understand is why you entered on VWP. Uruguay is not on VWP.

Les deseo lo mejor!!

P.S. I just noticed your name is I'm bolso. Hahaha. Yo también.

i came over on december 2002 by that time uruguay was on the vwp.

vamo el bolso.

Thanks

[imbolso 0]

What I don't understand is why you entered on VWP. Uruguay is not on VWP.

Les deseo lo mejor!!

P.S. I just noticed your name is I'm bolso. Hahaha. Yo también.

Why was your I-485 denied if you dont mind sayin it.

r u in uruguay or usa?

en que barrio de montevideo sos?

[VanessaTony 3,567]

Why was your I-485 denied if you dont mind sayin it.

r u in uruguay or usa?

en que barrio de montevideo sos?

English only in the Upper Forums

[USUY2010 4]

Why was your I-485 denied if you dont mind sayin it.

r u in uruguay or usa?

en que barrio de montevideo sos?

It's ok. It was rejected because we posted both packages separately, to the same P.O. Box.

I'm in USA and I'm from Carrasco. Which neighborhood are you from?

[juliava 80]

Jim - fwiw -

That I-485 app will undergo some further review - it's just that the IO could not approve it THAT DAY. At least that's the way I've been reading between the lines, on these 'reports' the last 2 months .

imboiso - one of two things will happen -

--Adjustment of Status case approved later or

--AOS case denied. If it's denied, pay attention to any notices that come in. If you are allowed to 'voluntarily depart', and do so, prior to the date given, then is good chance for CR-1 visa application (wife files I-824, I-130 transferred to NVC, wife handles all NVC processing, interview at Embassy)

Good Luck !

I concur. Hopefully USCIS will figure out what to do with all these VWP applications SOON.

[imbolso 0]

It's ok. It was rejected because we posted both packages separately, to the same P.O. Box.

I'm in USA and I'm from Carrasco. Which neighborhood are you from?

i live in Pa since 2002 but im from Pocitos in Uruguay.

are you sending all your forms again??

[USUY2010 4]

Not yet, we have an Infopass appointment tomorrow. After getting some questions answered we'll see what should we do next.

[schatzi3277 6]

I entered on the Visa Waiver almost 10 years ago and I had my interview in June. I was told that it has to be put on hold because no one knows what to do with the applications from visa waivers. Today I made an info pass to find out a little more about whats going on and so I won't have to speculate anymore.

The officer was very nice and apparently USCIS is waiting on a court ruling ( what the reason for the lawsuit is I don't know and what district no idea either). After the court makes a decision immigration headquarters will be able to decide what to do with all of those applications from people that entered and filed after the I-94w has expired. Everyone that filed within the 90 days and did not overstay is fine. The problem is for those people that overstayed the i-94w. She could not give me a time frame on when a change might happen. All she said is that to renew the work permit 90 days before it expires.

Hope this information help someone that is in the same situation.

Good luck to all

[schatzi3277 6]

Of course it is never good to adjust after you entered with the VWP, but we all know that sometimes things can happen. So try to file the right route, Cr-1 or K-1 or whichever else needs to be filed.

[Harpa Timsah 13,258]

I want to say thank you so much for updating us with this information! Best of luck with your case.

[desert_fox 32]

Decisions by the US Court of Appeals are only binding on Federal District Courts and Federal Agencys within that particular Appeal District.

If someons should appeal to the US Supreme Court, and the court agrees to hear the matter, then it would become binding nationwide on all courts and Federal Agencies.

It appears that the US instead of writing different rules for different parts of the country have modified the regulations on who can file a I-485 to adjust status to exclude anyone who is outside of their authorized stay within the US.