USCIS Policy Memorandum "U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances"

[Crazy Cat 46,640]

4 minutes ago, Baasirf said:

Does this change affect marriage based AOS applications too?

If trying to adjust status from a B2 or VWP, yes, imo. 

[Edward and Jaycel 2,708]

2 minutes ago, jw1 said:

i wasn't speaking to motivations or beliefs, just watching the actions.  I may overstated, but this whole thing is very upsetting.

 

While I can understand it's upsetting, Saying people want to pull the ladder up behind them after climbing it is a terrible thing to accuse people of holding in their hearts because they may believe something different than you do. And not to worry Mods... this is the last post I will engage with this member on

[jw1 2]

19 minutes ago, Edward and Jaycel said:

 

While I can understand it's upsetting, Saying people want to pull the ladder up behind them after climbing it is a terrible thing to accuse people of holding in their hearts because they may believe something different than you do. And not to worry Mods... this is the last post I will engage with this member on

well now I feel bad, you're right to call it out. thanks, I will try to do better.

[JD2 312]

7 hours ago, TBoneTX said:

No AOS from tourist visas or VWP?  It seems so.

My wife had a B1/B2 but we still consular processed because she had businesses back in her country.  One thing we worried about was visiting with an I-130 on file.  Could this actually help people continue to use their visas while they wait for their process because CBP will be less worried about them adjusting?  Maybe one small silver lining.

[Crazy Cat 46,640]

***One comment in violation of the VJ TOS removed***

 

https://www.visajourney.com/terms-of-service/

 

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

[Crazy Cat 46,640]

56 minutes ago, JD2 said:

 Could this actually help people continue to use their visas while they wait for their process because CBP will be less worried about them adjusting?

I think you are correct...

[Boiler 49,000]

Obviously there are lots of weird things about US Immigration and being able to adjust is just one of them, not something I have bothered about too much because it was allowed, however it has certainly been an issue attracting attention on him for as long as I have been here.

 

Personally I doubt it will stand.

[pushbrk 14,560]

I don't see this as having any impact on the spouse or stepchild of a US Citizen who entered legally with a K1 or K2.  It's just reminding their staff of the law and that a legitimate immigrant path must be present.  For an overstayer, it would seem a bona fide marital relationship with a US Citizen would still be the legitimate immigrant path available to them.

[JeanneAdil 7,527]

5 hours ago, Crazy Cat said:

My reading is that those returning to home country would be required to pursue actual immigrant visas.....but I could be wrong. 

that's the way i read it but if this affects those here already here and trying to AOS,  they have already done the I 130 so that paperwork would be at USCIS and go thru the normal 1st stage of processing (unless there is the normal I 130 fee to pay by doing this as alien spouse,  so, then what ?  they have to start from scratch!

 

[pushbrk 14,560]

3 minutes ago, JeanneAdil said:

that's the way i read it but if this affects those here already here and trying to AOS,  they have already done the I 130 so that paperwork would be at USCIS and go thru the normal 1st stage of processing (unless there is the normal I 130 fee to pay by doing this as alien spouse,  so, then what ?  they have to start from scratch!

 

They would have had an I-130 filed for them, only if they were a qualifying alien relative of a US Citizen.  This guidance is not about qualifying alien relatives.

[JeanneAdil 7,527]

USCIS better change some web sites like this one

 

https://www.uscis.gov/visit-the-united-states/change-my-nonimmigrant-status

 

2 minutes ago, pushbrk said:

They would have had an I-130 filed for them, only if they were a qualifying alien relative of a US Citizen.  This guidance is not about qualifying alien relatives.

marriage under B2 is a relative of USC 

[pushbrk 14,560]

1 minute ago, JeanneAdil said:

USCIS better change some web sites like this one

 

https://www.uscis.gov/visit-the-united-states/change-my-nonimmigrant-status

 

marriage under B2 is a relative of USC 

Yes, and I don't see this memo impacting the immigrant path for that situation.