Overstayed Visa Waiver adjustment of status put in hold in Newark, NJ

[schatzi3277 6]

I entered with the VWP. After my interview I was told by the immigration officer that I was put on hold because of the VWP issue. Right now we can only speculate why I was adjusted, might be because of the Vawa or might not. Thats why I added that it would be interesting to find out what happened with the VJ member "IMBOLSO". He was put on hold in the Philadelphia office.

[JimVaPhuong 4,863]

I entered with the VWP. After my interview I was told by the immigration officer that I was put on hold because of the VWP issue. Right now we can only speculate why I was adjusted, might be because of the Vawa or might not. Thats why I added that it would be interesting to find out what happened with the VJ member "IMBOLSO". He was put on hold in the Philadelphia office.

It would have been beyond bizarre if they had denied you because of the VWP overstay, and then said you could have adjusted if you'd entered illegally. Immigration law is a fine example of politicians "fine tuning" something until it's completely broken beyond repair.

[immlawyer 0]

Does anybody know something about the overstayed visa waiver adjustment of status for marriege US citizen are being approved now, after being put in hold for a 3rd circuit court desicion last year? Somebody told so, but I don't find anything in the internet. I live in New jersey, and we are planing to move to new york where it seems aos are approved.

I call immigration and they don't have any idea what I"m talking about. Where can I find the decisions or policies that immigration offices make?

Thanks

Alejandra

Alejandra,

At the last meeting with USCIS in Newark, NJ, we're informed that USCIS in Newark received instructions from HQ (DC) that VWP overstays are eligible to adjust their status even though they overstayed their status. That being sadi USCIS NWK has resumed processing of VWP Overstay matters and are looking at it on a case-by-case basis. If it is a clean case (no criminal matters, valid marriage, etc.) you should be able to adjust in NJ. USCIS always has the discretion to deny AOS matters so be prepared and careful in filing same. I would seek an attorney who knows VWP issues.

Regards.

Harry

[Myopia 93]

Alejandra,

At the last meeting with USCIS in Newark, NJ, we're informed that USCIS in Newark received instructions from HQ (DC) that VWP overstays are eligible to adjust their status even though they overstayed their status. That being sadi USCIS NWK has resumed processing of VWP Overstay matters and are looking at it on a case-by-case basis. If it is a clean case (no criminal matters, valid marriage, etc.) you should be able to adjust in NJ. USCIS always has the discretion to deny AOS matters so be prepared and careful in filing same. I would seek an attorney who knows VWP issues.

Regards.

Harry

Welcome to Visa Journey Harry. Glad to have you on board!

I know your signature suggests that you are an Immigration lawyer so I will assume that you are.

Thank you for this confirmation.

[schatzi3277 6]

It would have been beyond bizarre if they had denied you because of the VWP overstay, and then said you could have adjusted if you'd entered illegally. Immigration law is a fine example of politicians "fine tuning" something until it's completely broken beyond repair.

Sadly enough we have all read about bizarre situations in a lot of immigration journey cases. Nothing is sure and sometimes it is sad to say that everything is up to the discretion of the immigration officers and how the law is interpreted.

[Myopia 93]

Another confirmation from another forum from a non VAWA AOS'er who came on VWP who just had his case ajudicated in Newark, NJ

After being on hold in Newark NJ for over a year, my husband just rec'd his green card. I was in a very similar situation as the original poster. No rhyme or reason for the approval, and all I can say is pray, a lot. I'm posting this bc there is hope and I know how you must be feeling

Another one for Newark

I want to find some San Diego cases.

[Theunloved 0]

According to the timeline in your signature, you adjusted under VAWA as a battered spouse. This substantially changes the rules. VAWA allows for adjustment even for people who entered the US illegally.

I didn't even know that an illegal person could adjust their status on VAWA basics. Learn something new everyday till the day you die

[schatzi3277 6]

According to the timeline in your signature, you adjusted under VAWA as a battered spouse. This substantially changes the rules. VAWA allows for adjustment even for people who entered the US illegally.

Yes I adjusted as that, but that does not exempt me from the rules of the VWP. I still fall under the category of spouse of an Us citizen. The Vawa allows a person to self petition and not needing a sponsor, meaning not having to depend on the mercy of my spouse. And it puts a person into deferred action for a certain amount of time while waiting to hopefully adjust status. Furthermore you can only self petition for immediate relative or family sponsored immigrant classification if you 2. are eligible for immigrant classification based on that relationship.

I understand that many people think that women, men only use the VAWA as an easy way out of a marriage and being able to adjust status but please don't forget that there are also some real true and sad stories.

Thank you for reading and maybe being a little less judgemental

[VanessaTony 3,567]

Yes I adjusted as that, but that does not exempt me from the rules of the VWP. I still fall under the category of spouse of an Us citizen. The Vawa allows a person to self petition and not needing a sponsor, meaning not having to depend on the mercy of my spouse. And it puts a person into deferred action for a certain amount of time while waiting to hopefully adjust status. Furthermore you can only self petition for immediate relative or family sponsored immigrant classification if you 2. are eligible for immigrant classification based on that relationship.

I understand that many people think that women, men only use the VAWA as an easy way out of a marriage and being able to adjust status but please don't forget that there are also some real true and sad stories.

Thank you for reading and maybe being a little less judgemental

Where was he judgemental? He was stating facts. You adjusted via VAWA which is different to a "regular" VWP overstay.

[schatzi3277 6]

I never said that Jim was being judgmental. I asked everyone reading about VAWA adjusters to not be judgmental right away. And I forgot to add that I got a written piece of paper that my file was on hold because of the i-94w.

Thank you

[JimVaPhuong 4,863]

I never said that Jim was being judgmental. I asked everyone reading about VAWA adjusters to not be judgmental right away. And I forgot to add that I got a written piece of paper that my file was on hold because of the i-94w.

Thank you

Forgive me if you thought I was being judgmental. That wasn't my intention. I was pointing out that VAWA opens doors that would not otherwise be available. Asylum and refugee status open those same doors.

Your case would not be a good one to use as an example for VWP overstays in general. When USCIS adjudicates a petition they weigh the positive and negative mitigating factors. Being a VWP overstay is a negative factor. In San Diego it's apparently still a dead stop factor. Being an approved VAWA self-petitioner is a big positive factor. In fact, as I pointed out, it's such a strong positive factor that even an EWI can adjust status with an an approved VAWA petition. The power of this positive factor can't be overlooked when considering the VWP overstay.

[schatzi3277 6]

Don't worry about, I was just saying in general about people to stop being so judgmental and I know that there are many black sheep when it comes to VAWA. I think you are doing a wonderful thing and that your advise and input have helped a lot of members. In my beginning statement I said to maybe find the member "IMBOLSO" to see if he got adjusted. He filed in Philadelphia.

Thank you and everyone enjoy the weekend