USCIS have FINALLY Publicized their VWP Policy

[katiemanny 64]

Government. Welcome to the USA.

Department of Homeland Security? Am I right?

[Myopia 93]

As you said there are some ppl who enter UK on VWP and get married and adjust their status to PR in UK but this number is far small compared to ppl entering the US.

VWP was never designed for ppl to enter and do an AOS – now there is a loophole in it that we cannot do anything about it until USCIS would fix that loophole.

If one is entering the US on VWP they are by passing the medical test / criminal background check – which are essential part of process before granting someone a PR status.

Do you really think that the policy in the US is influenced in any way by the policy in the UK. Immigration to the UK is about to get very difficult for everyone and this comes as a result of the government feeling the need to pander to the whims of the British. Let's face it the Brits have never had a good relationship when it comes to immigrants and have never felt the need to embrace all. The VWP is still not designed for people to come to the US and adjust status. You can not come on the VWP and adjust to a student visa or work visa but if you are married to an American, then your American spouse can petition their own government and ask for their spouse to adjust status whilst in the US.

Isn't that an intrinsic right that a USC has? The right to be with whom they wish to be with? It is not a loophole, it is an exception and that is the very exception that was written on the green I-94.

Oh and everyone who adjusts status has to pass a medical test and undergo a criminal background check. How much do you understand about the Adjustment process?

Will the process of adjudicating change? Will the merits be more closely scrutinized? The application of the law and policy can be done in varying degrees. Hence the question. Something that will become evident as time passes.

I understood the question. I don't know if you understood the history behind this issue. Adjusting from a Visa Waiver Program overstay was never an issue in the past. The advice was to adjust after 60 days and there was no emphasis placed on overstay because people rightly(or wrongly) assumed that overstay on the VWP would be forgiven on approval of an AOS case. It was very simple. Then came those suits that were filed that derailed the process in some states. There were states that were doing business as usual and adjudicating these AOS cases.

The fact that we have 5 VWP entrants on VJ who spoke about their denials never negated that.There were always more that passed and no one ever mentioned that their overstay was ever an issue. It was not even mentioned by the Immigration officer.

Here were are years later and USCIS have finally made it clear that adjusting is allowed and they retain jurisdiction in this matter.

What has changed is that those who are in removals and adjusting will have their cases held in abeyance for who knows how long until that particular issue has been decided.

The merits will be judged in the same way as before, note that the I-485 does not have a special section for VWP overstays. As time passes I think you will see people adjusting and living their life, much in the same way as before.

[Harpa Timsah 13,258]

People who use the VWP and overstay should also bear in mind that DHS is keeping score. If too many people from the same country use the VWP and overstay then that country will be removed from the VWP list. This happened to Argentina in 2002, and Uruguay in 2003.

You are right that there is score-keeping, but I would think people adjusting as spouses of US Citizens is the least of their worries. I think the real issue is people entering with a visa waiver and never leaving/living illegally.

[k84 11]

I see this decision as applying only to people that are immeadiate relative (spouses) of a US citizen and are from a WVP conutry. They will be becoming an LPR eventually anyway (exceptions for criminals etc..), but instead of having to go back to their home country, (as my wife had to do 9 months ago) and be separated from their family (as my wife is now), they can stay with their family during the paperwork.

I can understand the reasons behind it, but isn't that what K visas are for?

What they're saying here is that citizens of countries under the VWP can completely skip the K-1/K-3 process and just come here under the VWP and then apply for AOS.

I get that people don't want to be separated from their current or soon-to-be spouse and I can completely understand that as I've been through it. However, this decision allows people to skip the first step (and it's associated cost), which I and everyone else who came in with a K visa had to pay and wait for.

It is decisions like this that increase the application fees and processing times. USCIS will end up increasing the cost of, and further complicate, AOS, ROC and naturalization to make up for the losses and lack of background information from those who skipped the K-1/K-3 process.

I'm Australian, so I could have easily done this too but it's not right. Call me selfish, but it is not fair that some people can bypass an important part of the process and others can not.

[wshc 46]

I can understand the reasons behind it, but isn't that what K visas are for?

What they're saying here is that citizens of countries under the VWP can completely skip the K-1/K-3 process and just come here under the VWP and then apply for AOS.

I get that people don't want to be separated from their current or soon-to-be spouse and I can completely understand that as I've been through it. However, this decision allows people to skip the first step (and it's associated cost), which I and everyone else who came in with a K visa had to pay and wait for.

It is decisions like this that increase the application fees and processing times. USCIS will end up increasing the cost of, and further complicate, AOS, ROC and naturalization to make up for the losses and lack of background information from those who skipped the K-1/K-3 process.

I'm Australian, so I could have easily done this too but it's not right. Call me selfish, but it is not fair that some people can bypass an important part of the process and others can not.

I may be wrong, but I don't see any shortcuts here. I just see where the spouse physically is located during the process. AOS still requires all paperwork and fees (i-130 etc..) no matter where it is initiated from. I don't see where anyone is bypassing the process.

[Harsh_77 716]

Do you really think that the policy in the US is influenced in any way by the policy in the UK. Immigration to the UK is about to get very difficult for everyone and this comes as a result of the government feeling the need to pander to the whims of the British. Let's face it the Brits have never had a good relationship when it comes to immigrants and have never felt the need to embrace all. The VWP is still not designed for people to come to the US and adjust status. You can not come on the VWP and adjust to a student visa or work visa but if you are married to an American, then your American spouse can petition their own government and ask for their spouse to adjust status whilst in the US.

Isn't that an intrinsic right that a USC has? The right to be with whom they wish to be with? It is not a loophole, it is an exception and that is the very exception that was written on the green I-94.

Oh and everyone who adjusts status has to pass a medical test and undergo a criminal background check. How much do you understand about the Adjustment process?

For the same purpose we have K1 and CR1, unless as a VWP you want to cheat the system and use the VWP to enter the country and file for AOS.

VWP was never meant for entering the country and file for AOS.

The criminal background check done before someone enters the country has much more restrictive power and same goes for the Medical check as well.

I am not sure how many immigration systems you have gone thru or process you have gone thru, but I can say for myself I have seen plenty.

This certainly is a loophole in the VWP Process, you agree or don’t does not matter.

If you are married to USC then you wait for your time as everybody else does and complete your K1 process or your CR1 process and then enter US.

I understood the question. I don't know if you understood the history behind this issue. Adjusting from a Visa Waiver Program overstay was never an issue in the past. The advice was to adjust after 60 days and there was no emphasis placed on overstay because people rightly(or wrongly) assumed that overstay on the VWP would be forgiven on approval of an AOS case. It was very simple. Then came those suits that were filed that derailed the process in some states. There were states that were doing business as usual and adjudicating these AOS cases.

The fact that we have 5 VWP entrants on VJ who spoke about their denials never negated that.There were always more that passed and no one ever mentioned that their overstay was ever an issue. It was not even mentioned by the Immigration officer.

Here were are years later and USCIS have finally made it clear that adjusting is allowed and they retain jurisdiction in this matter.

What has changed is that those who are in removals and adjusting will have their cases held in abeyance for who knows how long until that particular issue has been decided.

The merits will be judged in the same way as before, note that the I-485 does not have a special section for VWP overstays. As time passes I think you will see people adjusting and living their life, much in the same way as before.

[Harsh_77 716]

I may be wrong, but I don't see any shortcuts here. I just see where the spouse physically is located during the process. AOS still requires all paperwork and fees (i-130 etc..) no matter where it is initiated from. I don't see where anyone is bypassing the process.

You do the same exact paper work and it would cost the same too, but you skip the line and enter the country by lieing and the file for AOS.

VWP was never designed for ppl who marry a USC and then enter as a visitor and file for AOS.

[k84 11]

I may be wrong, but I don't see any shortcuts here. I just see where the spouse physically is located during the process. AOS still requires all paperwork and fees (i-130 etc..) no matter where it is initiated from. I don't see where anyone is bypassing the process.

Well that makes me a lot happier if that is actually the case.

The underlying issue here then is that the K visa process could be changed to allow petitioners to enter the US while the petition is pending. Personally I don't see that as ideal as that would create far more problems than it solves.

It is not fair that some people can enter the country and apply, and others must remain in their own country and apply before they can come here. Again, I say this as an Australian who has had access to the VWP and could have used this to my advantage.

Someone else mentioned that you agree, when entering the US under the VWP, not to have the intention to stay. I don't remember where, but I know I have seen that same statement too on the few occasions where I entered the US under the VWP.

The VWP should never be allowed to be used for AOS. Ever. It is an abuse of the system and creates an unfair advantage for some in that they can be with their spouse in the US while others can not.

[Little_My 463]

I don't see how the VWP creates an unfair advantage any more than F1, J1, B1/B2, or any non-immigrant visa that carries the requirement of non-immigrant intent. I can definitely see why people who have had to be separated due to a K1 or CR1 process may feel as though AOSing within US is unfair - but in my opinion, VWP is really no different in terms of AOS than any non-immigrant visa.

Can VWP be misused? Sure. Just like any non-immigrant visa can. Nothing stops a B1 holder to lie to obtain a B1 visa, enter, and AOS, just like a VWP visitor can do the same. I don't see how this possibility of entering with the hidden intent to immigrate can ever be really avoided. VWP is not meant for people entering the US, marrying and filing for AOS - neither is F1, for example, that I entered with. And married a USC. And filed for AOS. Also, there are people who do legitimately enter under VWP with no intent whatsoever to immigrate - then meet someone in the US, fall in love, end up getting married and end up filing for AOS. I don't think there is anything unfair about that.

This doesn't personally affect me in any way, but my personal opinion is that allowing VWP entrees to AOS is no more unfair than allowing anyone else who entered under non-immigrant status to AOS. Same with VWP and non-immigrant visa over stays.

Edited April 12, 2011 by Mrs.Finland-USA

[katiemanny 64]

Well that makes me a lot happier if that is actually the case.

The underlying issue here then is that the K visa process could be changed to allow petitioners to enter the US while the petition is pending. Personally I don't see that as ideal as that would create far more problems than it solves.

It is not fair that some people can enter the country and apply, and others must remain in their own country and apply before they can come here. Again, I say this as an Australian who has had access to the VWP and could have used this to my advantage.

Someone else mentioned that you agree, when entering the US under the VWP, not to have the intention to stay. I don't remember where, but I know I have seen that same statement too on the few occasions where I entered the US under the VWP.

The VWP should never be allowed to be used for AOS. Ever. It is an abuse of the system and creates an unfair advantage for some in that they can be with their spouse in the US while others can not.

I agree with you, no wonder this country is going downhill FAST.

[katiemanny 64]

I don't see how the VWP creates an unfair advantage any more than F1, J1, B1/B2, or any non-immigrant visa that carries the requirement of non-immigrant intent. I can definitely see why people who have had to be separated due to a K1 or CR1 process may feel as though AOSing within US is unfair - but in my opinion, VWP is really no different in terms of AOS than any non-immigrant visa.

Can VWP be misused? Sure. Just like any non-immigrant visa can. Nothing stops a B1 holder to lie to obtain a B1 visa, enter, and AOS, just like a VWP visitor can do the same. I don't see how this possibility of entering with the hidden intent to immigrate can ever be really avoided. VWP is not meant for people entering the US, marrying and filing for AOS - neither is F1, for example, that I entered with. And married a USC. And filed for AOS. Also, there are people who do legitimately enter under VWP with no intent whatsoever to immigrate - then meet someone in the US, fall in love, end up getting married and end up filing for AOS. I don't think there is anything unfair about that.

This doesn't personally affect me in any way, but my personal opinion is that allowing VWP entrees to AOS is no more unfair than allowing anyone else who entered under non-immigrant status to AOS. Same with VWP and non-immigrant visa over stays.

VWP is not a non-immigrant visa, you never applied for a visa, do you even know what applicants has to go through to get approved for a J1, B1/B2, F1, there are countries that its impossible to get any type of non-immigrant visa including Haiti or The Dominican Republic.

VWP is a what is it a Program not a visa, and should not be allowed to AOS within the US PERIOD.

Edited April 12, 2011 by katiemanny

[VanessaTony 3,567]

Well that makes me a lot happier if that is actually the case.

The underlying issue here then is that the K visa process could be changed to allow petitioners to enter the US while the petition is pending. Personally I don't see that as ideal as that would create far more problems than it solves.

It is not fair that some people can enter the country and apply, and others must remain in their own country and apply before they can come here. Again, I say this as an Australian who has had access to the VWP and could have used this to my advantage.

Someone else mentioned that you agree, when entering the US under the VWP, not to have the intention to stay. I don't remember where, but I know I have seen that same statement too on the few occasions where I entered the US under the VWP.

The VWP should never be allowed to be used for AOS. Ever. It is an abuse of the system and creates an unfair advantage for some in that they can be with their spouse in the US while others can not.

You can still visit the US while a K visa or CR-1 visa is pending. You said "to allow petitioners to enter the US" but the petitioner IS the USC so I think you mean beneficiary.

I agree that AOSing should only be permitted from K visas or from visas where the stay in the US has another purpose (student or work visas) because leaving the US wouldn't make sense. I also think that AOSing shouldn't be permitted from overstays of ANY visa (but applying for extensions should be easier so those that don't WANT to overstay are given a better chance). Reason being they've already shown disdain for the US laws if they're just overstaying and not caring about their status.

Edited April 12, 2011 by Vanessa&Tony

[mof 15]

The VWP should never be allowed to be used for AOS. Ever. It is an abuse of the system and creates an unfair advantage for some in that they can be with their spouse in the US while others can not.

Really, not even if you have been married for ten years, have a child together, and your wife is about to give birth to your second child?

Life is not THAT black and white, you know?

[Little_My 463]

VWP is not a non-immigrant visa, you never applied for a visa, do you even know what applicants has to go through to get approved for a J1, B1/B2, F1, there are countries that its impossible to get any type of non-immigrant visa including Haiti or The Dominican Republic.

VWP is a what is it a Program not a visa, and should not be allowed to AOS within the US PERIOD.

I am very much aware that the VWP is not a non-immigrant visa - as a person who has entered both under VWP status and with a non-immigrant F1 visa status. Yes, it is unfortunate that people from certain countries have to go through immense scrutiny to be able to get a visitors visa, non-immigrant visa or a fiance or spousal visa, but there are reasons for that. Certain countries have high numbers of visa fraud attempts every year. With other countries, it is a matter of politics and diplomatic relations - or lack there of. Even if the VWP program was entirely removed, people from countries such as mine - Finland - would still have no problems getting, for example, a B1 visa, and people from countries like Haiti or DR would go through the exact same scrutiny that they go through now. Is it fair to the people who are trying to come to the US legitimately from Haiti, for example, with no intention to immigrate or break any laws? No. Are there people coming from countries like Finland, Sweden, Norway, with the intent to circumvent immigration laws and immigrate through obtaining a non-immigrant visa? Of course. However, diplomatic relations between the US and other countries is something entirely out of our control, as unfortunately is the number of visa fraud attempts from countries. Honest Haitians suffer because of unhonest Haitians, and unhonest Finns benefit becuase most Finns tend to follow the rules.

Again, this is just my opinion. I am not a VWP, and whether or not VWPs can adjust or not has no ebaring on my life. I just personally do not think it is in any way unfair.

Edited April 12, 2011 by Mrs.Finland-USA

[Myopia 93]

Department of Homeland Security? Am I right?

The legislative branch of government write the laws. They consist of congress, the senate and the house of representatives. If you dont like the way that the law is written than write to your congressman and senators.

You do the same exact paper work and it would cost the same too, but you skip the line and enter the country by lieing and the file for AOS.

VWP was never designed for ppl who marry a USC and then enter as a visitor and file for AOS.

For the same purpose we have K1 and CR1, unless as a VWP you want to cheat the system and use the VWP to enter the country and file for AOS.

VWP was never meant for entering the country and file for AOS.

The criminal background check done before someone enters the country has much more restrictive power and same goes for the Medical check as well.

I am not sure how many immigration systems you have gone thru or process you have gone thru, but I can say for myself I have seen plenty.

This certainly is a loophole in the VWP Process, you agree or don’t does not matter.

If you are married to USC then you wait for your time as everybody else does and complete your K1 process or your CR1 process and then enter US.

It may surprise you but not everyone comes to the US and lies. Not everyone got on the plane with the hidden intention of finding a spouse and adjusting status. I think there is probably about an equal number of men and women who dupe USC and come on a fiancee/spouse visa.

I come from a Western country so obviously travel for me has always been different than for someone living in a high fraud country. On the European passport I can live and work in over 27 countries without ever having to go through the immigration process, I can visit numerous others and get a visa at point of entry and obviously enter the US as part of the VWP. I guess that is the benefit that I have being born in the UK.

I think the medical check is probably more restrictive if you come from a place where certain diseases are not eradicated yet, like TB in the Philipines but a medical check from the UK is hardly going to cause issues for most of the population as there is an active immunization system.

I dont have to agree with you. I agree with the way that the US government see the situation and that's the only opinion that counts.