Visa Waiver

[Used to be broken 147]

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.

I know they are not EWI, I just used that example as how they handle the detainment ..sometimes.

The problem though with VWP vs EWI is the latter gets a hearing if things go bad, the former gets put on a plane because a hearing has already been waived.

not sure about the prediction in the earlier post, recently there was an article in bibdaily.com that suggested ICE used "easy" cases to round folks up and get them out quickly to meet end of year deportation goals.

[Myopia 93]

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 **

Did you report it?

How do you deduce that its likely? Just out of interest.

[VanessaTony 3,567]

How do you deduce that its likely? Just out of interest.

There have been several "circuits" (Jim knows more about this) that have already agreed to uphold "no AOS from an overstay on the VWP". If you're in those circuits you will most likely get a denial, not "just sit tight".

Hopefully Jim and his ESP will realise his expertise is required here

[JimVaPhuong 4,863]

There have been several "circuits" (Jim knows more about this) that have already agreed to uphold "no AOS from an overstay on the VWP". If you're in those circuits you will most likely get a denial, not "just sit tight".

Hopefully Jim and his ESP will realise his expertise is required here

Dang, I thought that itch was because I was getting some sort of rash!

There are thirteen Federal Circuit Courts of Appeal. Twelve of those courts preside over cases dealing with the 50 states, each court with it's own jurisdictional area. The thirteenth covers the District of Columbia (Washington DC). To date, and to the best of my knowledge, five of those courts have weighed in and determined that a VWP entrant who has overstayed cannot adjust status. It's complicated, but it boils down to the fact that applying for AOS while you are out of status constitutes a request for a stay of removal (because USCIS grants a period of authorized stay while the AOS is being adjudicated), and a VWP entrant cannot make such a request because they waived any right to review or appeal.

USCIS field offices in at least some of those five districts have simply been denying AOS to VWP overstays, and ordering them deported - no hearing, no appeal. There is anecdotal evidence that many offices are putting the AOS petitions on hold, presumably waiting for a department wide policy on this. With nearly half of the federal circuit appeals courts having said that a VWP overstay cannot adjust status, and NO federal circuit appeals court deciding otherwise, it's likely that any department wide policy will side with the courts, and the pending AOS petitions will be summarily denied.

It's remotely possible that one of these cases could make it to the US Supreme Court, and they could overrule the five federal circuit appeals courts. It's pretty unlikely, though.

[VanessaTony 3,567]

Dang, I thought that itch was because I was getting some sort of rash!

There are thirteen Federal Circuit Courts of Appeal. Twelve of those courts preside over cases dealing with the 50 states, each court with it's own jurisdictional area. The thirteenth covers the District of Columbia (Washington DC). To date, and to the best of my knowledge, five of those courts have weighed in and determined that a VWP entrant who has overstayed cannot adjust status. It's complicated, but it boils down to the fact that applying for AOS while you are out of status constitutes a request for a stay of removal (because USCIS grants a period of authorized stay while the AOS is being adjudicated), and a VWP entrant cannot make such a request because they waived any right to review or appeal.

USCIS field offices in at least some of those five districts have simply been denying AOS to VWP overstays, and ordering them deported - no hearing, no appeal. There is anecdotal evidence that many offices are putting the AOS petitions on hold, presumably waiting for a department wide policy on this. With nearly half of the federal circuit appeals courts having said that a VWP overstay cannot adjust status, and NO federal circuit appeals court deciding otherwise, it's likely that any department wide policy will side with the courts, and the pending AOS petitions will be summarily denied.

It's remotely possible that one of these cases could make it to the US Supreme Court, and they could overrule the five federal circuit appeals courts. It's pretty unlikely, though.

Thanks Jim! I will admit it's creepy you realise you were required... maybe we just read the same threads but.. hmm.. you following me?

[CiscoB 0]

Hello people,

I am in the same situation. My wife is Argentinian and she is pregnant at the moment. She also came to the U.S. via the Visa Weaver program. We are getting nervous because it seems they are not approving this types of applications. I am a U.S citizen. We already submitted the aplication and did the finger prints. We are just waiting for the interview. I'll keep everyone posted with regard to the outcome.

Thanks,

Cisco B

[JimVaPhuong 4,863]

Hello people,

I am in the same situation. My wife is Argentinian and she is pregnant at the moment. She also came to the U.S. via the Visa Weaver program. We are getting nervous because it seems they are not approving this types of applications. I am a U.S citizen. We already submitted the aplication and did the finger prints. We are just waiting for the interview. I'll keep everyone posted with regard to the outcome.

Thanks,

Cisco B

None of the USCIS field offices have published their current policies when dealing with AOS for VWP overstays, though at least one field office's policy was leaked to an immigration lawyer who wrote about it in his blog. This means we can only try to deduce what a particular field office is doing by the anecdotal evidence we get from other VJ members, or from reading other internet sources.

The last I heard, field offices in New York were still adjudicating AOS applications from VWP overstays as they previously did. They were not denying them all outright nor placing everyone on indefinite hold. That could change anytime.

Did your wife accumulate any overstay before filing the AOS application?

[mirandaale 0]

Hello People:

I was told that AOS for visa waiver overstayed are being approved in new Jersey now. Those ones which were in hold. I called to a immigration lawyer firm and they confirmed that. And also a paralegal who works in immigration matters told me that. I called uscis and the guy didn't even understand what I was talking about. I'd like to know where it's possible to find this new interpretion for the USCIS local offices. Thanks and good luck

[JimVaPhuong 4,863]

Hello People:

I was told that AOS for visa waiver overstayed are being approved in new Jersey now. Those ones which were in hold. I called to a immigration lawyer firm and they confirmed that. And also a paralegal who works in immigration matters told me that. I called uscis and the guy didn't even understand what I was talking about. I'd like to know where it's possible to find this new interpretion for the USCIS local offices. Thanks and good luck

We haven't seen it yet. So far, we've seen immigration lawyers who have said that they were notified by the director of USCIS at an AILA conference that a policy memorandum was sent to the field offices instructing those offices that they have the jurisdiction to adjudicate AOS petitions for VWP overstays. At minimum, I would expect this would cause field offices who have been holding AOS petitions to begin processing them. Whether this affects offices who have been denying them is not yet known, though at least one lawyer believes it will.

We're still waiting to see the actual memo.

[Myopia 93]

Hello People:

I was told that AOS for visa waiver overstayed are being approved in new Jersey now. Those ones which were in hold. I called to a immigration lawyer firm and they confirmed that. And also a paralegal who works in immigration matters told me that. I called uscis and the guy didn't even understand what I was talking about. I'd like to know where it's possible to find this new interpretion for the USCIS local offices. Thanks and good luck

I have heard of at least three VWP overstay cases that have been approved in Newark after being on hold for months.

There is a memo that we have not seen yet. I dont know if we shall see a memo but at this time in Newark they seem to be adjusting VWP overstay AOS.

[britnick77 0]

This is great info.

I have heard of at least three VWP overstay cases that have been approved in Newark after being on hold for months.

There is a memo that we have not seen yet. I dont know if we shall see a memo but at this time in Newark they seem to be adjusting VWP overstay AOS.

This is great info.