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

[doctorbeat 6]

If there is no preconceived intent to immigrate, then the only 'unfair advantage' that VWP offers is that it makes it easier to take a vacation in the States.

What's that got to do with immigration?

If your intention is visa fraud, then yes, I can see how it would be difficult to lie your way through the visa application process, and how you might think that your fellow criminals from first world countries had it easier because of the VWP.

I didn't commit visa fraud, so I had no unfair advantage.

[rfranzzz 1]

Well to me, I understand the VWP offers something most country don't. But people from other countries go and get visa to come here as tourist and then over stay isn't it the same thing as the VWP that come here just as a visitor then stay..?

To me it should be that As long as you didn't commit any crimes while you over stay here, and you didn't steal someone else's social security number.. You should be able to AOS just like people with expired tourist visa over stays can do. I have a friend who just AOS with an expired visa over stay and they didnt even ask her any questions..

Didn't she also overstay and did something she wasn't suppose to? Why take it harder on the VWP people? I don't understand it.. just bc they didnt have to get a visa to come here as tourist?

If there is no preconceived intent to immigrate, then the only 'unfair advantage' that VWP offers is that it makes it easier to take a vacation in the States.

What's that got to do with immigration?

If your intention is visa fraud, then yes, I can see how it would be difficult to lie your way through the visa application process, and how you might think that your fellow criminals from first world countries had it easier because of the VWP.

I didn't commit visa fraud, so I had no unfair advantage.

[Brother Hesekiel 2,236]

Doctor Beat,

the difference is this: any visa applicant, even someone from a VWP country, went through a screening process and had an interview. A foreigner entering the US without a visa did completely bypass this process.

Is it possible that the USCIS office uses this as a means to deny AOS applicants? Sure. So why don't they deny people coming with a B2 and adjusting status all the same, you're asking? Because people who arrived with a visa have a right to due process. Since an immigration judge will not order someone deported who is eligible to adjust status, this would be a waste of taxpayers' money. If they could get away with deporting B2 folks, I have no doubt they would.

Edited March 9, 2011 by Just Bob

[doctorbeat 6]

I understand that, but I didn't choose to skip it, I simply didn't fall into the category of people who need to apply for a visa.

I just don't think it's fair to pull the rug out from under VWP people but not other overstays.

All of us or none of us I could understand.

Seems like they are pulling a dirty trick just because they can.

Maybe you're right that they'd do it to visa holders too if they could, but in that case, why allow visitors to adjust status at all?

Let's hope they how some clemency and grandfather current overstayers in if/ when they change the policy.