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

[JeanneAdil 7,526]

2 minutes ago, yuna628 said:

Sure.. but, let me ask this..

 

Does it matter if the couple gets married and one of them goes back home, files papers, waits some years and then comes back with successful green card?

 

Does slow-walking them really change the ultimate outcome?

 

I mean after coming on the K1, my husband certainly had the option to go back home if he wanted, we could have applied abroad and waited even longer for his already stupidly long green card to arrive? Would this have helped us in any way or made anyone feel more comfortable somehow?

 

I will assume there is just as much fraud on all different types of visas as there are VWP-adjusters? But there are also legitimate couples too and I feel great empathy for them.

 

2 minutes ago, yuna628 said:

Sure.. but, let me ask this..

 

Does it matter if the couple gets married and one of them goes back home, files papers, waits some years and then comes back with successful green card?

 

Does slow-walking them really change the ultimate outcome?

 

I mean after coming on the K1, my husband certainly had the option to go back home if he wanted, we could have applied abroad and waited even longer for his already stupidly long green card to arrive? Would this have helped us in any way or made anyone feel more comfortable somehow?

 

I will assume there is just as much fraud on all different types of visas as there are VWP-adjusters? But there are also legitimate couples too and I feel great empathy for them.

it may if USCIS says that by doing this , they have overstayed the  B2 visa 

it clearly leaves a USCIS officer a lot of leaway to make decisions that would delay a case for an overstay by year(s)

 

and when USCIS realizes it is loosing a huge part of the budget (AOS fees), does anyone think this memo will be relaxed ?   I can see that happening too .  Like a new memo saying "exact things that qualify"  for AOS on B2 or crew or student 

 

[OldUser 11,288]

5 minutes ago, Crazy Cat said:

A key word.  The memo states that a temporary visit should not be the first step in obtaining a green card. 

There is nothing more permanent than temporary

 

 

[Crazy Cat 46,633]

Just now, OldUser said:

There is nothing more permanent than temporary

 

 

Certainly seems that way sometimes.....LOL.

[S2N 703]

I think the biggest question is what do they mean by temporary worker? Are we talking actual temporary worker visas that are meant primarily for seasonal farm work and hospitality?
 

Or are we talking people like my friends working as researchers at universities and biotech firms on non-immigrant visas? If we’re talking people who essentially live in the US for 5 years and get married after 2, it would create economic and social chaos for them to be forced to return to their home countries. 

[Crazy Cat 46,633]

35 minutes ago, S2N said:

non-immigrant visas

I think the memo closes the door for AOS from  truly non-immigrant entries into the US (such as Student Visas, VWP, B2)....except for extraordinary situations.  Not clear what "extraordinary" means right now. 

 

Edited 13 minutes ago by Crazy Cat

[TBoneTX 49,806]

We've all seen the illogic in the continuous "change of mind at baggage claim" of B2-holders/VWP entrants about why they've said they're entering and when they claim they're leaving.  If this closes that loophole, outstanding.  However, everyone's questions above are well-taken.  I think that we ought to hang out on any AILA discussion boards open to us and see what's said there.

 

What USCIS needs to do is, like Crazy Cat says, to state which visa types are affected, and how, and effective when.

 

And no one here has yet commented on the extra burden that this will place on the consulates.  If they're slow now, look out.  And will every consulate have the ability and wherewithal to adjudicate AOS, or just those that currently have decently staffed NIV units?

[S2N 703]

14 minutes ago, Crazy Cat said:

I think the memo closes the door for AOS from  truly non-immigrant entries into the US (such as Student Visas, VWP, B2)....except for extraordinary situations.  Not clear what "extraordinary" means right now. 

 

That’s my read as well, but even student visas get iffy from an economic and social standpoint once you get to into PhD students (who are a lot of AOS.) It’s pretty normal for someone to come here for 6+ years, be doing research that is functionally work and in many cases has industrial applications, fall in love, get married, have kids, adjust.

 

Thats different from your undergrads or foreign semester abroad students.

 

None of us know the practical impacts, but I do know it will slow down counselor even more now.

[Crazy Cat 46,633]

1 minute ago, S2N said:

That’s my read as well, but even student visas get iffy from an economic and social standpoint once you get to into PhD students (who are a lot of AOS.)

But a stipulation for a student visa is that you must return to home country after education is finished.