Info for VWP long overstay please

[katgrl 14]

Hey VJers,

I have a friend who entered on VWP in 1990 and has been here since. She was married once, but did not adjust status. She remarried Sept. 09, but has not been able to send in her AOS packet yet. After reading cases and other information on this forum in the meantime, I let her know what's going on with VWP AOS with overstay and that there is a possibility it will be denied because of the overstay. When she recently asked her lawyer about it, she thought it was amusing my friend was concerned that some cases in other districts were being adjudicated this way. Sooo, I was wondering if anyone here can provide more detail for her, or if anyone knows specifically which districts are outright denying, are putting on hold, or are approving. Thanks very much!

[JimVaPhuong 4,863]

Hey VJers,

I have a friend who entered on VWP in 1990 and has been here since. She was married once, but did not adjust status. She remarried Sept. 09, but has not been able to send in her AOS packet yet. After reading cases and other information on this forum in the meantime, I let her know what's going on with VWP AOS with overstay and that there is a possibility it will be denied because of the overstay. When she recently asked her lawyer about it, she thought it was amusing my friend was concerned that some cases in other districts were being adjudicated this way. Sooo, I was wondering if anyone here can provide more detail for her, or if anyone knows specifically which districts are outright denying, are putting on hold, or are approving. Thanks very much!

Nobody knows for sure. At this point, the director of each field office is making the policy decisions for their field office. The result is that, even in districts covered by one of the five federal circuit courts that have weighed in, the field offices are not all handling things the same way. For instance, there was a recent report from a VJ member about a VWP overstay who adjusted successfully at the Los Angeles field office, while a San Diego immigration attorney has reported that he's seen the memo from the San Diego field office and has already begun getting denials for VWP overstays. Both of these field offices are in the 9th Circuit Court district, yet they have different local policies. From the text of the denial letter posted by the San Diego attorney, it was obvious they were basing the denial on the Momeni case.

Tell your friend to pin her attorney down. Exactly how many AOS petitions has she submitted on behalf of VWP overstays in the past six months, and what has been the result? The only relevant evidence is going to be actual recent results from the field office where your friend's case will be adjudicated.

[katgrl 14]

Thanks very much for your answer. I will let her know what you said.