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Gia2577

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

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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!

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


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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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

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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 by MyHeartWillGoOn93

11/08/2012 - Became a couple online smile.png

08/21/2013 - I flew over from England to Boston to meet him smile.pngwub.png

08/29/2013 - I was due to go back home but decided to stay a little longer

09/20/2013 - We decided to get married smile.pngheart.gif

10/22/2013 - We got married!!!

12/13/2013 - Day 0 - Sent off I-130 and I-485 and I-765 to Chicago

12/16/2013 - Day 3 - AOS Packet arrived in Chicago according to USPS

12/20/2013 - Day 7 - Received e-notification to say case has been accepted and processing at the USCIS National Benefits Center.

12/24/2013 - Day 11 - Received official Receipt Notice (Form I-797) in the mail.

12/31/2013 - Day 18 - Received letter for biometrics appointment on January 23rd.

01/13/2014 - Day 31 - Received RFE for form I-864

01/23/2014 - Day 41 - Biometrics done!

03/04/2014 - Day 81 - RFE response sent!

03/06/2014 - Day 83 - RFE response arrived there!

03/20/2014 - Day 97 - EAD card in production!

03/26/2014 - Day 103 - EAD card mailed out!

03/26/2014 - Day 103 - EAD card in USPS possession and given tracking number

03/26/2014 - Day 103 - Green card interview being scheduled! :D

03/30/2014 - Day 107 - USCIS mailed out our interview notice, scheduled for May 6th!

03/31/2014 - Day 108 - Received I-765 EAD work permit in the mail!

04/01/2014 - Day 109 - Received appointment for GC

05/06/2014 - Day 145 - GC interview approved!!!

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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.


AOS

I am the petitioner:
11/11/2013 filed I-130, I-485, and I-765 concurrently
11/19/2013 NOA1
11/29/2013 received biometrics appointment letter
12/06/2013 RFE
12/19/2013 biometrics completed
12/20/2013 RFE Response mailed to NSC
12/21/2013 RFE Response delivered to NSC
12/24/2013 Case placed in RFE Review status
01/16/2014 EAD in document production
01/21/2014 EAD mailed out
01/22/2014 I-485 placed in Testing and Interview status
01/23/2014 EAD received

05/07/2014 Received notification that interview is scheduled for June 12

06/12/2014 Interview. I-130 approved, but AOS pending decision

06/13/2014 AOS approved

06/18/2014 Notification that Green Card has been mailed

06/20/2014 Received green card and welcome letters

I-751:Removal of Conditions

03/19/2016 Mailed I-751 package to VSC via USPS Priority Express

03/21/2016 VSC received I-751

03/25/2016 $590 check cashed

03/28/2016 Received NOA1 dated 03/22/2016

04/08/2016 Received biometrics appointment for 04/18/2016
04/18/2016 Biometrics completed

03/25/2017 Received approval letter (date of approval was 03/19/2017)

04/04/2017 Received "New card is being produced" text messages and emails

03/19/2017 ROC approved

N-400: Naturalization

04/19/2017 Priority date

05/15/2017 Biometrics completed

06/16/2017 Case in line for an interview

12/04/2017 Interview was scheduled 

12/09/2017 Received interview appointment letter 01/09/2018

01/09/2018 Interview (passed tests and recommended for approval)

01/23/2018 Online status updated to "Oath Ceremony Will Be Scheduled"

03/14/2018 Online Status updated to "Oath Ceremony Notice Was Mailed" (letter received 03/17)

03/28/2018 Oath Ceremony...wife is a U.S. Citizen!

 

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