Visa Waiver

[cmkelly 0]

Hi -

e

My husband and I were married about 1 year ago. He came to the US 10 years ago on a visa waiver and has not returned home since. He entered the US legally. We had our interview in late September - our marriage was approved, he received a work visa, but we have not heard anything on his green card & adjustment of status. Our lawyer has told us that we need to sit tight. We understand that laws have recently changed?? And it is now harder to obtain a green card than it was just a few months ago. Does anyone have any input on this? We are anxious, expecting a baby any day & just really uncertain about the future.

Any input is greatly appreciated.

[amykathleen2005 441]

Now is a really really bad time to have applied for a greencard after entering and overstaying a visa waiver. It has become the trend for these applications to possibly be denied and for the petitioner to be deported. There is currently a court decision which is trying to figure out a common stance on all these applications across all local offices (some offices are currently enforcing and some are not). It is possible that your application got caught up in this and is stuck in limbo until this ultimate decision is made.

[Harpa Timsah 13,258]

I read your post as saying that your 130 was approved, but your 485 was put on indefinite hold. This has happened to some people, and we discussed it pretty well here

http://www.visajourney.com/forums/topic/270498-weird-case/

This year, some offices have been reading the rules for VWP more strictly due to precedent court cases in their circuits, and therefore prioritizing decisions differently. The "laws" have not changed per se. I am sure someone will come and give you a better and more precisely-worded history of what is going on, but I just want to say you are not alone. We guess that field offices are now waiting for some higher-up decision that would stand for all offices, or for perhaps one pending court case that would make a majority of circuits agree on how to handle overstay VWP cases... thereby causing all offices to follow suit. Your lawyer is right, all you can do now is wait. Your husband has his work authorization (which is not a visa) and can get his SSN and at least function in the meantime. I personally hope that this "pending decision" will decide that VWP overstayers should be given the same rights as visa overstayers, but my hopes are surely no comfort to you now. Good luck.

For those keeping track, where is your local office?

EDIT: I see your office is Philly... That is the same office the OP in the thread I linked was in. 3rd circuit.

Edited November 22, 2010 by Harpa Timsah

[Used to be broken 147]

Hi -

e

My husband and I were married about 1 year ago. He came to the US 10 years ago on a visa waiver and has not returned home since. He entered the US legally. We had our interview in late September - our marriage was approved, he received a work visa, but we have not heard anything on his green card & adjustment of status. Our lawyer has told us that we need to sit tight. We understand that laws have recently changed?? And it is now harder to obtain a green card than it was just a few months ago. Does anyone have any input on this? We are anxious, expecting a baby any day & just really uncertain about the future.

Any input is greatly appreciated.

As the other posters have mentioned this could work out or you could face a difficult time. I would suggest to the best of your ability have your affairs in order, hope for the best but prepare for the worst. I do think its a positive turn that recently ICE has been directed to cancel deportation proceedings on anyone with a pending immigration application or benefit. The courts are slammed with cases due to the enforcement only policy over the last few years. Although because he is VWP he would not get a hearing but an expedited deportation, it seems if he already has the EAD its a better place to sit than simply being out-of-status with no application.

If it were me, I would make no big decisions like buying a house, it looks like you already made on with the baby on the way On the face of it he has been subject to deportation for the last 10 years, so your future is no more or less certain than it was before you filed, but with the baby I can understand how the stress level has just amplified.

Also, BANK CASH as much as you can because if it goes badly it will be extremely expensive not only to maintain two households in two different countries but also the attorney fees. If your current attorney doesn't have experience with I601 and I212 then you might want to start looking around for someone who does just in case. Also, start researching and preparing yourself in case you need to file a waiver, what kind of hardships you can document and what evidence you will submit. It takes most people months to gather and prepare this evidence, past medical history, affadavit's from friends and community members, etc. etc. If you have it gathered and ready to go you can speed how fast you can turn around and apply for the waiver so there is something to do that could be constructive if you need it. If not you can always shred it.

Good luck and keep us posted as to how it turns out.

[cmkelly 0]

Thanks for responses and advise. We will keep you posted.

[edgini 0]

Thanks for responses and advise. We will keep you posted.

Im in a similar boat, waiting to hear on the new policy directive before we decide whether to get married or not first though.....

might be an idea to stay at another address than the one on the application though if you dont want to run the risk of ICE suddenly deciding to turn up at your door.

[RichiJenny 14]

If one was to do that, it could be causing a whole load of problems. If ICE were to come knocking on the door - just because the individual wasnt there, I doubt that the case would be allowed to drop there and then, and if it doesnt, it could open up a whole can of worms. Lying on forms leads to material misrepresentation.

And risking that can lead to a lot worse than even deportation for the intending immigrant. MM carries a lifetime ban.

[Harpa Timsah 13,258]

Besides which, the OP doesn't need to hide. The Op is currently in a period of authorized stay because their AOS is still pending, and won't be visited by ICE at all. If it gets denied eventually, then they will receive some notice before ICE would come knocking.

Really wish a mod would move this to AOS-other forum...

[edgini 0]

Besides which, the OP doesn't need to hide. The Op is currently in a period of authorized stay because their AOS is still pending, and won't be visited by ICE at all. If it gets denied eventually, then they will receive some notice before ICE would come knocking.

Really wish a mod would move this to AOS-other forum...

They will not give any notice as the OP has overstayed a vwp visa, they literally turn up and detain you until they deport you, I have read several articles about this happening all over the country recently....

I am not suggesting any lies are told, simply that the OP stays at another address until the situation is resolved..... Officially he is residing at this address, but he's not under house arrest and if he's not in when they call then he's not in.

[edgini 0]

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Edited December 5, 2010 by edgini

[edgini 0]

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Edited December 5, 2010 by edgini

[Used to be broken 147]

Besides which, the OP doesn't need to hide. The Op is currently in a period of authorized stay because their AOS is still pending, and won't be visited by ICE at all. If it gets denied eventually, then they will receive some notice before ICE would come knocking.

Really wish a mod would move this to AOS-other forum...

Not so sure its an "authorized stay", if someone who is out of status who EWI puts in an AOS packet they generally end up denied and deported. Sometimes they come to the house for an escorted departure, but often they wait till the interview and detain at that point.

[VanessaTony 3,567]

They are putting a lot of these cases on indefinite hold before a decision is made. It's likely the decision will be to deny all VWP overstay adjusters which is why some peoples theory that these cases are paused.. so people don't try and sneak GCs when they're likely not going to be eligible soon.

Looks like you'll be in for a long wait.

** moved from "Waivers" to "AOS (Other)" as this is AOS from the VWP **

Really wish a mod would move this to AOS-other forum...

Did you report it?

[Myopia 93]

Hi -

e

My husband and I were married about 1 year ago. He came to the US 10 years ago on a visa waiver and has not returned home since. He entered the US legally. We had our interview in late September - our marriage was approved, he received a work visa, but we have not heard anything on his green card & adjustment of status. Our lawyer has told us that we need to sit tight. We understand that laws have recently changed?? And it is now harder to obtain a green card than it was just a few months ago. Does anyone have any input on this? We are anxious, expecting a baby any day & just really uncertain about the future.

Any input is greatly appreciated.

A friend of mine interviewed in Philly and got the same as you. She too is "sitting tight" for the approval of green card. Try not to worry about it. Some districts are indeed straight denying but I have a belief that there are things happening that none of us are privvy too. AOS on Visa Waivers have always been a discretionary approval by the director of the district (theoretically speaking) and at the end of the day nothing has changed other than in some districts notably California..there are memos that have said to deny.

This does not apply to ALL districts and there are people who have been approved recently on the VWP.

Dont stress it.

You will hear about the cases gone bad more than the cases that went well on these boards.

Peace

[Harpa Timsah 13,258]

Not so sure its an "authorized stay", if someone who is out of status who EWI puts in an AOS packet they generally end up denied and deported. Sometimes they come to the house for an escorted departure, but often they wait till the interview and detain at that point.

They already had their interview and were told to wait. They also did not EWI, they entered on VWP.

Although the person in that NYTimes article did get surprised at the door... but that was before the interview. Anyway OP, Good luck.