A new update on USCIS website in Nov about Adjustment of status, can someone explain it.

[Gia2577 12]

Hi

I'm panicking right now as I just read something and in my panic cannot sen to make sense of it.

This bulletin released on Nov 14th 2013 about adjustment of status for visa waiver program people such as myself, now it is confusing me. As what I understood there was that VWP people married to a USC could adjust status which is what I have done however, I did send my file off 10 days after it expired bc we found out about AOS so late. I was assured by people some on here that it doesn't matter if VWP expires to adjust the status anyway as I am married to a US citizen.

Now I sent my application on the 6th dec and have not heard anything, not even a email receipt which is net the form for and it worries me, bc when I first sent the i130 back in feb i got an email receipt within 3 or 4 days. I know there was an issue where vwp were being deported by some field offices for overstaying after applying for AOS and then that situation was rectified. However now I have found this bulletin and am totally confused as what it means to me.

http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

specifically this bit:

INA section 245©(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens.⁵ Thus, an individual admitted under the VWP who is also an immediate relative is not precluded from seeking adjustment of status, even after the VWP period has expired.

the bold bit is it saying that VWP married to a USC and have let their VWP expire are not allowed to apply for adjust of status? Im confused by what they are saying. Anyone help me out, muy panic is preventing me from understanding the words!

[Ryan H 3,790]

Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Gia2577 12]

ok i think my panic has subsided I reread the whole thing again and i think I'm ok and just being a panicky pants, as it says NOT precluded… God I love to give myself a heart attack plus i found this bit..

USCIS field offices shall adjudicate adjustment of status cases filed by immediate relatives of U.S. citizens who were last admitted to the United States under the VWP, in accordance with section 245 of the INA. This includes cases where Form I-485 was filed after the 90-day period of admission. Adjudication shall occur prior to referral to ICE unless:

• ICE has issued a removal order;

and then i found this bit… Geez they really make it difficult to get your head around..immigration law has to be the worst written law i have ever read!

U.S. Immigration and Customs Enforcement (ICE) has authority to order the removal of a VWP overstay, including an immediate relative, under INA section 217(b) and 8 CFR 217.4(b). Numerous courts of appeals agree that, generally, a VWP overstay may not contest a removal action on the basis that he or she has filed Form I-485.⁶ However, these cases concern only the individual’s inability to contest removal. They do not address whether the Department of Homeland Security (DHS) can, as a matter of discretion, decline to seek the individual’s removal and grant adjustment if the individual is eligible. Nor do these decisions preclude a VWP overstay who is not subject to a removal order from filing a Form I-485 with USCIS.

Whether to grant adjustment to an eligible applicant is a matter entrusted to DHS discretion. USCIS exercises this discretion on behalf of DHS.

Policy

[MyHeartWillGoOn93 8]

Heyyy, sorry! Didn't mean to scare you! I didn't think the article meant that VWP overstayers couldn't adjust status because I've seen experienced people on here tell others under the VWP that they can adjust status but I was just worried in case they missed something and I filed a few weeks after my last day on the VWP! I'm still not sure why they have the right to remove someone for overstaying when it is considered okay though. Ugh! These laws ARE hard to follow! Not sure why they decided to write the rule again... If it wasn't clear the first time, it still isn't!

I was worried when I posted that article in case I was going to scare someone but I was really confused.

Edited December 18, 2013 by MyHeartWillGoOn93

[f&c 50]

Gia2577, a VWP overstay can file AOS if married to a USC. It is not the best way to do it and a bit unfair to people who have been separated and waiting, but love happens. My wife and I are going through it now, although our case is somewhat complicated. I hope it works out for you.