I live in Utah can i adjust status after over staying the waiver program?

[rfranzzz 1]

Please help i just sent the package today.. I got married to a US Citizen on january and i am trying to adjust my status

[rfranzzz 1]

I'm just concerned cuz some people say it gets deny if you live in certain places... I got here in 2009 and i over stay ever since.. I'm so happy in my new marriage that would be devastating having to leave.. But i felt confident and sent all the paperwork, A lawyer also said i should be just fine.

[Daniel&Theary 30]

I had a friend whos wife came here legally from Mexico stayed passed her I94 date. They filed a AOS and had no problems because they did not plans to marry until after she got here.. I think they do not tell people this because they would rather people do it the long hard way.

[rfranzzz 1]

Thank you! I am looking more for an answer of someone that came in the visa waiver program for Europeans.. I heard there are some weird rules in some states. and wanted to see if utah was in that list.

I had a friend whos wife came here legally from Mexico stayed passed her I94 date. They filed a AOS and had no problems because they did not plans to marry until after she got here.. I think they do not tell people this because they would rather people do it the long hard way.

[Myopia 93]

Utah is in the 10th Circuit. One of the states that has ruled that VWP can not adjust BUT I dont know of any denials in that state. Also it is discretionary based on the Immigration Officer.

Read some of the other threads.

Good luck

[VanessaTony 3,567]

Please help i just sent the package today.. I got married to a US Citizen on january and i am trying to adjust my status

Basically your options are:

1. Try and AOS - find out your state doesn't allow it (from overstays) and you get denied and need to leave and file a CR-1/IR-1 visa

2. Try and AOS - get approved.

3. Don't AOS and you're stuck out of status, unable to work legally, and unable to leave without getting banned.

So while it matters, I don't know really what option you have other than to try. Worst case scenario you're denied and you leave and apply for a CR-1/IR-1 visa and apply for the I-601 waiver OR have your spouse move to your home country while it's processing or whatever.

According to Myopia you're in the 10th circuit and 10th circuit doesn't permit AOS from VWP overstays.. but outside of moving yourself and your family to another state that does allow and applying from that state you don't really have a choice... not a good one anyway.

Edited March 8, 2011 by Vanessa&Tony

[Myopia 93]

According to Myopia you're in the 10th circuit and 10th circuit doesn't permit AOS from VWP overstays.. but outside of moving yourself and your family to another state that does allow and applying from that state you don't really have a choice... not a good one anyway.

Honestly that is what crossed my mind. If someone filed in San Diego and discovered once the process had already started that it would have been more prudent to file in another district...would moving change the inevitable outcome in San Diego to a possibility in another? Or would the case stay in San Diego regardless (especially once biometrics etc have started)

[JimVaPhuong 4,863]

Honestly that is what crossed my mind. If someone filed in San Diego and discovered once the process had already started that it would have been more prudent to file in another district...would moving change the inevitable outcome in San Diego to a possibility in another? Or would the case stay in San Diego regardless (especially once biometrics etc have started)

If they successfully manage to get an interview at a different field office then yes, absolutely. The results currently depend heavily on the field office where the petition is adjudicated. However, once a field office has the case then it can be difficult to get them to send it to another field office, even if you've moved.

I suspect there will be national policy on this before much longer. I don't believe the Supreme Court will agree to hear the Bradley v. Holder case because there hasn't really been any major conflict of opinions at the circuit court level. Once the Supreme Court decides what they're going to do then I think the director will issue a national policy memorandum.

[doctorbeat 6]

How would you define 'before much longer'?

I really hope it takes a while and I can adjust my status before the memorandum happens, because I'm not really expecting it to be good news for us VWP overstayers.

Anyone know how long this type of thing usually takes?

[Myopia 93]

How would you define 'before much longer'?

I really hope it takes a while and I can adjust my status before the memorandum happens, because I'm not really expecting it to be good news for us VWP overstayers.

Anyone know how long this type of thing usually takes?

I think the memo will say that this is discretionary as it has always been discretionary.

My package is ready to go and I intend to mail it out tomorrow. What a stressful process. It seems every time I checked something..I had to make a correction. Maybe I am just #######.

I mean does it matter if the check says Dept. of Homeland Security rather than US Dept of Homeland Security.

Should I use paper clips or staples?

Should I send with a packet of m &m's to "sweet up" the person who opens the mail.

Decisions. Decisions. (In my best Jane voice)

[rfranzzz 1]

I have a question that has been in my mind for all day and i've been very worry cuz i sent my package yesterday and I don't know what's going to happen

How do you know the 10th circuit and Utah doesn't allow to adjust with the VWP?? where does that information come from? I spoke with 3 lawyers today and they said i should be fine as long as i haven't commit any crime while i over stay my VWP.

Please help!!

Utah is in the 10th Circuit. One of the states that has ruled that VWP can not adjust BUT I dont know of any denials in that state. Also it is discretionary based on the Immigration Officer.

Read some of the other threads.

Good luck

[rfranzzz 1]

tHANK YOU!

[doctorbeat 6]

Well I'd like to think the memo will say it's discretionary too.

What worries me is the bizarre reaction of San Diego. The case that sparked all of this was obviously a case of someone abusing the system. He tried to adjust status while he was in removal proceedings for a start.

The fact that San Diego took the result of this case and decided it applied to all VWP overstayers worries me. What also worries me is that they decied that 'discretion' means that all VWP overstayers must automatically be denied.

Sounds like they are uisng it as an excuse to me.

It seems rather unfair. I understand that they want people to go the 'correct' route, bit what I don't understand is why they are only punishing people on the VWP.

On any type of tourist visa we'd have nothing to worry about if we overstayed.

If my country was not on such good diplomatic terms with the States, then I would have had to get a visa to visit.

If I'd had to apply for a visa, I would have had no problems getting one, but in my country, you don't need a visa unles you are a criminal or other undesirable.

So, it seems that they are using the wording on the VWP as a loophole to abuse the system in their favor.

If I came from a different country, I would have had to get a visitor visa, which I would have been granted.

Then, I could overstay as long as I wanted with impunity.

Also, surely allowing VWP to adjust as long as they do so in the 90 day period means that the system is still wide open to abuse from people who want to use it as a shortcut.

I don't understand why they don't make the playing field level for everyone.

Either forgive overstays for all categories, or completely disallow AOS for any type of visitor, visa or VWP.

In other news, I'm getting my medical results on thursday and mailing on friday...

[Myopia 93]

Well I'd like to think the memo will say it's discretionary too.

What worries me is the bizarre reaction of San Diego. The case that sparked all of this was obviously a case of someone abusing the system. He tried to adjust status while he was in removal proceedings for a start.

The fact that San Diego took the result of this case and decided it applied to all VWP overstayers worries me. What also worries me is that they decied that 'discretion' means that all VWP overstayers must automatically be denied.

Sounds like they are uisng it as an excuse to me.

It seems rather unfair. I understand that they want people to go the 'correct' route, bit what I don't understand is why they are only punishing people on the VWP.

On any type of tourist visa we'd have nothing to worry about if we overstayed.

If my country was not on such good diplomatic terms with the States, then I would have had to get a visa to visit.

If I'd had to apply for a visa, I would have had no problems getting one, but in my country, you don't need a visa unles you are a criminal or other undesirable.

So, it seems that they are using the wording on the VWP as a loophole to abuse the system in their favor.

If I came from a different country, I would have had to get a visitor visa, which I would have been granted.

Then, I could overstay as long as I wanted with impunity.

Also, surely allowing VWP to adjust as long as they do so in the 90 day period means that the system is still wide open to abuse from people who want to use it as a shortcut.

I don't understand why they don't make the playing field level for everyone.

Either forgive overstays for all categories, or completely disallow AOS for any type of visitor, visa or VWP.

In other news, I'm getting my medical results on thursday and mailing on friday...

Yah you! I feel the same way but then again noone really considers what certain law's do or don't do until they are challenged. So here we are right?

Looks like we will be on the same AOS time frame@ Doctor lol.

Im getting myself pumped up listening to Alicia Keys version of NY(Empire State of Mind). I figure if there is any place to do this...it's here

"NY Concrete Jungle Where Dreams Are Made Of.."

[JimVaPhuong 4,863]

I don't understand why they don't make the playing field level for everyone.

Either forgive overstays for all categories, or completely disallow AOS for any type of visitor, visa or VWP.

Forgiving overstays for everyone would not be leveling the playing field at all. Most countries are not participants in the VWP, and most people in the world have no hope of ever getting a visitors visa to the US. The fact that the law allows AOS for visitors at all already unfairly favors people from first world countries. This route has become what it was never intended to be - a de facto alternative to the immigrant visa process for people who are privileged enough to get into the US as a visitor.

The only way to level the playing field would be to require every immigrant to get a visa that allows them to immigrate.