I came to the U.S. with Visa Waiver Program!!!

[Myopia 93]

I have double posted this memo in the VWP adjustment discussions as an addendum to the conversation.

UCIS have just released a memo that basically say that they should try to adjust those immigrants that have the ability to adjust their status legally. That would seem to include VWP Immigrants.

I know that the district court made its ruling but obviously there did need to be some clarity rather than the scare mongering that has been rampant that seems to lean to the idea that it will be very hard to adjust on a VWP. Obviously there is a risk in any adjustment in that there could always be a denial but this , to me, is a clear sign that UCIS are aware of this complication and want to reach out to those people who can adjust but have been apprehended etc.

Hope it helps somewhat.

MEMO

Edited August 30, 2010 by Myopia

[JimVaPhuong 4,863]

I have double posted this memo in the VWP adjustment discussions as an addendum to the conversation.

UCIS have just released a memo that basically say that they should try to adjust those immigrants that have the ability to adjust their status legally. That would seem to include VWP Immigrants.

I know that the district court made its ruling but obviously there did need to be some clarity rather than the scare mongering that has been rampant that seems to lean to the idea that it will be very hard to adjust on a VWP. Obviously there is a risk in any adjustment in that there could always be a denial but this , to me, is a clear sign that UCIS are aware of this complication and want to reach out to those people who can adjust but have been apprehended etc.

Hope it helps somewhat.

MEMO

I responded to your post in the other thread. Regarding the highlighted part of your post, this is NOT what the memo says. It says that USCIS should try to expedite processing of the petition if the applicant is in removal proceedings. It does NOT say they should try to adjust their status, or in any way change the criteria they use to adjudicate petitions. It simply says they should not leave the applicant hanging in suspension for months or years waiting for a decision if the applicant is in removal proceedings.

[Harpa Timsah 13,258]

It seems to me that the memo also states that deportation proceedings can be dismissed if it is beleived that there stands a good chance for the petition to be approved. In the case of detained peoples, they may be released.

[Myopia 93]

I responded to your post in the other thread. Regarding the highlighted part of your post, this is NOT what the memo says. It says that USCIS should try to expedite processing of the petition if the applicant is in removal proceedings. It does NOT say they should try to adjust their status, or in any way change the criteria they use to adjudicate petitions. It simply says they should not leave the applicant hanging in suspension for months or years waiting for a decision if the applicant is in removal proceedings.

Thanks for the response. I do have to beg to differ as the memo does state that UCIS should try to adjust those immigrants that have the abilty to adjust legally. The memo says,

"ICE to request expedited adjudication of an application or petition for an alien in removal proceedings that is pending before U.S. Citizenship and Immigration Services (USC IS) if the approval of such an application or petition would provide an immediate basis for relief for the alien.'

What would provide an IMMEDIATE relief other than an approved adjustment? Maybe my wording was clumsy but I believe that my point was correct. I did not say that the criteria had changed for adjustment. The memo is saying if its easier to adjust those immigrants that come into contact with ICE then do so barring the usual factors and yes that may include not being able to appeal a decision such as what we have on the VWP.

As a matter of law a Visa Waiver adjustee is eligible to be adjusted. They just don't have the power of appeal

ICE determines as a matter of law and in the exercise of discretion that such alien appears eligible for relief from removal

This would seem to include rather than exclude VW participants. No?

I mean the VW participant still needs to be placed in removal proceedings right? They cant appeal a denial, right? BUT its clear that there would be an immediate relief for the adjustee IF they were able to have their application processed right?

So how would it NOT apply in some way?

Am I confused or just lost?

[Boiler 45,949]

that is how I understood it.

But I did not study it, nor do I have a personal interest.

If you had a ban or something then it would not help you.

If your visa number was current then you should be good to go.

[trillium13 84]

Why would a VWP entrant not have an I94W? My husband did.

[visacat 1]

Why would a VWP entrant not have an I94W? My husband did.

The online ESTA application for VWP has been in operation for a while but is finally working so that the system is paperless

When you go through customs you are no longer required to fill out the paper forms and therefore no longer receive I-94W all the information is stored electronically.

I think it officially started working around the end of June 2010.

[trillium13 84]

The online ESTA application for VWP has been in operation for a while but is finally working so that the system is paperless

When you go through customs you are no longer required to fill out the paper forms and therefore no longer receive I-94W all the information is stored electronically.

I think it officially started working around the end of June 2010.

Thank you! My husband came in 1999, so that would explain my confusion.

[JimVaPhuong 4,863]

Thanks for the response. I do have to beg to differ as the memo does state that UCIS should try to adjust those immigrants that have the abilty to adjust legally. The memo says,

"ICE to request expedited adjudication of an application or petition for an alien in removal proceedings that is pending before U.S. Citizenship and Immigration Services (USC IS) if the approval of such an application or petition would provide an immediate basis for relief for the alien.'

What would provide an IMMEDIATE relief other than an approved adjustment? Maybe my wording was clumsy but I believe that my point was correct. I did not say that the criteria had changed for adjustment. The memo is saying if its easier to adjust those immigrants that come into contact with ICE then do so barring the usual factors and yes that may include not being able to appeal a decision such as what we have on the VWP.

As a matter of law a Visa Waiver adjustee is eligible to be adjusted. They just don't have the power of appeal

Read it again. That statement is a directive to ICE - not USCIS. ICE is directed to request expedited processing IF the approval of the petition would provide relief (in this case, legal status) to someone in deportation. In other words, if someone is being deported for having committed a deportable crime then there would be no point in asking USCIS to expedite an AOS petition based on marriage to a US citizen - a approved AOS petition would not provide any relief from deportation. On the other hand, if they're being deported simply because they're out of status then an approved petition WOULD provide relief, so ICE should ask for the expedite. That statement simply directs ICE to ask for an expedite if an approved petition would stop the deportation.

In another paragraph USCIS is directed to provide expedited processing if ICE requests it - 30 days for someone in detention, 45 days otherwise. Expedited processing simply means they must make a decision quickly - it does not mean they are compelled to approve the petition.

ICE determines as a matter of law and in the exercise of discretion that such alien appears eligible for relief from removal

This would seem to include rather than exclude VW participants. No?

I mean the VW participant still needs to be placed in removal proceedings right? They cant appeal a denial, right? BUT its clear that there would be an immediate relief for the adjustee IF they were able to have their application processed right?

So how would it NOT apply in some way?

Am I confused or just lost?

Yes, but it still doesn't compel to USCIS to approve the petition. It only compels them to make a faster decision. I see nothing in the memo that would change the criteria USCIS uses to adjudicate the petition - only a shorter timeframe to reach a conclusion. They can still deny, and the denial still can't be appealed in the case of a VWP entry. If anything, it just means they'd be kicked out of the country faster.

[spicensour 0]

I just applied for all 4.