Weird case!!!

[TyandAllie 17]

Here's some hopeful news for those of you adjusting from vwp and did apply for AOS after your 90 days expired. We did the same thing and just got an update and text that our greencard has been ordered for processing today. We had our interview on 9/10 and the IO sent us out at the without saying we were approved just that we would hear something in the mail and not a word since. Good luck to everyone.

Congrats! Love to hear good news, you must be thrilled

Alison

[juliava 80]

Here's some hopeful news for those of you adjusting from vwp and did apply for AOS after your 90 days expired. We did the same thing and just got an update and text that our greencard has been ordered for processing today. We had our interview on 9/10 and the IO sent us out at the without saying we were approved just that we would hear something in the mail and not a word since. Good luck to everyone.

Congrats!You were definitely lucky!How long was that overstay?

[Brian&Nikkis 0]

Our overstay was from Mar 25th 2010 to Jun 2nd 2010 not a long time but still an overstay.

[schatzi3277 6]

Has anyone heard any news about rulings on i-94w overstays. I keep searching the internet for pending supreme court cases but no luck. I am just trying to figure out my next step. I have a daughter with my ex husband and trying to find out what I have to do to get her to come with me in case I will be denied.

Thanks for any help or news

[Perplexi 4]

This is very worrying to me and my husband...

Came into the country from Australia on VWP November 2008 and filed early September 2010.

I hope everything will be okay.

[caeremonarius 26]

Our overstay was from Mar 25th 2010 to Jun 2nd 2010 not a long time but still an overstay.

We had a successful AOS with a short VWP overstay, too. From August 5 to September 22 (about 50 days).

AJ

[schatzi3277 6]

I just found this article, which might give some inside in the resent discussions we were having regarding overstayed i-94w and AOS.

Posted On: September 20, 2010 by Jacob Sapochnick

Visa Waiver overstay and Marriage Based Adjustment of Status - The Denials are coming from San Diego!!!

On August 18, 2010 we were the first to report the new trend coming from some local Immigration offices, mainly San Diego, regarding Visa Waiver overstay Issues. To recap a recent internal Memo from San Diego stated the following:

" To all Adjudicators effective immediately, any immigrants that have entered to the US under the Visa Waiver program and failed to file for adjustment of Status before the expiration of the 90 days authorized stay, MUST BE denied at the time of the interview." The email was not very long but that was the general idea.

I could never imagine that they will follow through with denials of Visa Waiver overstay cases, but our first denial came in on Friday. See below the complete decision. The decision is written poorly, stating a partially true legal fact. The fact that when one overstays the Visa Waivers they can not adjust or seek hearing before a judge, UNLESS they are a beneficiary of an immediate relative petition. The USCIS failed to mention this exception in the denial as you can see below. So what will be the future of Visa Waiver adjustments, that still remains to be seen. We are in the process of filing a motion to re open and will keep our readers posted.

Tell us what you think about all this?

Vwt denial sample 09 16-2010

Despite all of this I wish everyone a Merry Christmas

[JimVaPhuong 4,863]

I just found this article, which might give some inside in the resent discussions we were having regarding overstayed i-94w and AOS.

Posted On: September 20, 2010 by Jacob Sapochnick

Visa Waiver overstay and Marriage Based Adjustment of Status - The Denials are coming from San Diego!!!

On August 18, 2010 we were the first to report the new trend coming from some local Immigration offices, mainly San Diego, regarding Visa Waiver overstay Issues. To recap a recent internal Memo from San Diego stated the following:

" To all Adjudicators effective immediately, any immigrants that have entered to the US under the Visa Waiver program and failed to file for adjustment of Status before the expiration of the 90 days authorized stay, MUST BE denied at the time of the interview." The email was not very long but that was the general idea.

I could never imagine that they will follow through with denials of Visa Waiver overstay cases, but our first denial came in on Friday. See below the complete decision. The decision is written poorly, stating a partially true legal fact. The fact that when one overstays the Visa Waivers they can not adjust or seek hearing before a judge, UNLESS they are a beneficiary of an immediate relative petition. The USCIS failed to mention this exception in the denial as you can see below. So what will be the future of Visa Waiver adjustments, that still remains to be seen. We are in the process of filing a motion to re open and will keep our readers posted.

Tell us what you think about all this?

Vwt denial sample 09 16-2010

http://www.slideshare.net/usvisalaw/vwt-denial-sample-09-162010

Despite all of this I wish everyone a Merry Christmas

Here's the original article, in case anyone's interested.

http://www.visalawyerblog.com/2010/09/visa_waiver_overstay_and_marri_1.html

Mr. Sapochnick paraphrased the law. It does not say "when one overstays the Visa Waivers they can not adjust or seek hearing before a judge, UNLESS they are a beneficiary of an immediate relative petition". It says that someone who enters using the VWP cannot adjust status except as an immediate relative of a US citizen. The rules against adjustment of status and waiver of the right to appeal take effect the moment they set foot on US soil - not when their authorized stay expires. He doesn't understand why VWP overstays are being denied AOS, apparently.

Mr. Sapochnick would like his readers to think that USCIS is denying the AOS because of the stipulation that a VWP entrant cannot adjust status, and he asserts that USCIS is ignoring the fact that the law makes an exception for an immediate relative of a US citizen. He also says that the denial letter was poorly written because it doesn't say the AOS was denied for the reason he claims.

The AOS denial letter was written correctly. Mr Sapochnick is wrong. The AOS was denied because the applicant had overstayed their authorized stay under the VWP, which made them immediately deportable. What this means, in a nutshell, is that the applicant's position in the deportation process was one step away from actually being deported. All it would take is an order from an immigration officer. Someone who had entered on a visa, and who was in the same position in the deportation process, would have already submitted their appeal, been denied, appeared in immigration court for a master hearing, appeared at their deportation hearing, and was now waiting for the immigration judge to order their deportation.

Five separate Federal Circuit Courts of Appeal have ruled that an AOS application from a VWP overstay constitutes a request for a stay of removal because they are immediately deportable. These courts have also determined that, because of the "no contest" clause, a VWP entrant cannot make such a request. USCIS is not denying the AOS applications because VWP entrants are not permitted to adjust status, nor are they ignoring the exception for immediate relatives of a US citizen. They are denying them because a VWP entrant cannot ask USCIS to overlook the fact that they have overstayed, and adjudicate the AOS petition.

Mr. Sapochnick should read the federal court cases and learn exactly why VWP overstays are being denied, because he doesn't seem to understand it. However, his blog does serve as confirmation that the San Diego office is denying AOS for VWP overstays.

[schatzi3277 6]

Today I received an email update that my CARD has been ordered for PRODUCTION. It was a long journey but has finally come to an end.

Thank you and good luck to everyone

[rosie's baby 5]

Today I received an email update that my CARD has been ordered for PRODUCTION. It was a long journey but has finally come to an end.

Thank you and good luck to everyone

MANY congratulations! I have been following your story with interest. Wonderful news that cheers all of us with long overstay!

Edited March 4, 2011 by rosie's baby

[schatzi3277 6]

Thank you very much!

[britnick77 0]

congratulations. Which state are you in?

[Myopia 93]

congratulations. Which state are you in?

She was in NJ