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

[Crazy Cat 46,648]

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 2,720]

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 7]

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 314]

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 46,648]

***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 46,648]

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 49,009]

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 14,569]

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 7,531]

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 14,569]

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 7,531]

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 14,569]

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.

[igoyougoduke 1,771]

this trump memo is a joke. i think this will end up in courts and will get challenged in courts all the way. I expect a lot of lawsuits filed to choke the administration

 

Yes there is misuse of visas but the majority of people who come to this country genuienly follow the law. Nothing is perfect but so is the guy who wrote this meme

 

Congress writes the immigration law not some meme from the guy in white house. 

 

Come to think of it some consulates dont have appointments for up to 6-12 months . How are they gonig to handle the sudden flood of new applicants ?? 

 

 

 

 

[S2N 719]

6 hours ago, Bugs said:

Does it mandate that this legally required route take place in the US as opposed to a consulate abroad?

 

I hope you’re right, but I’ll be skeptical on this until it is clarified in court, which it will undoubtedly be.

 

These kind of things are never settled the day of anyways - the court usually has the final say.

The statue is less important here currently. There’s binding BIA precedent on the topic. Yes, I’m aware that given the circumstances BIA will overrule its past precedent as a practical matter, but as it stands the memo is in direct contradiction of binding immigration law that USCIS does not have the legal power to ignore. USCIS is bound by BIA until BIA or a Circuit Court of Appeals overrules a published BIA ruling, and that has not happened on the presumption of a favorable exercise of discretion for family yet.

 

But again, given the environment BIA will overrule itself when a case gets to them. It just bothers me that people keep going to the statue when BIA is the definitive authority for US immigration law, and and it is abundantly clear under their existing precedents that AOS is presumed to be granted for family.

 

Once BIA overrules itself, then it will go to the DC Circuit on appeal by immigration advocates, and we’ll get a definitive answer that can’t be overruled. Technically it could go to SCOTUS, but this is too niche an issue for them to want to get involved in.

Edited Saturday at 02:58 AM by S2N

[Bugs 456]

50 minutes ago, S2N said:

The statue is less important here currently. There’s binding BIA precedent on the topic. Yes, I’m aware that given the circumstances BIA will overrule its past precedent as a practical matter, but as it stands the memo is in direct contradiction of binding immigration law that USCIS does not have the legal power to ignore. USCIS is bound by BIA until BIA or a Circuit Court of Appeals overrules a published BIA ruling, and that has not happened on the presumption of a favorable exercise of discretion for family yet.

 

But again, given the environment BIA will overrule itself when a case gets to them. It just bothers me that people keep going to the statue when BIA is the definitive authority for US immigration law, and and it is abundantly clear under their existing precedents that AOS is presumed to be granted for family.

 

Once BIA overrules itself, then it will go to the DC Circuit on appeal by immigration advocates, and we’ll get a definitive answer that can’t be overruled. Technically it could go to SCOTUS, but this is too niche an issue for them to want to get involved in.

I pretty much agree with you on this.

 

The BIA is just interpreting the law, so it technically it is the law that is still the authority here, but, granted, it is an interpretation, and they will interpret it the way they want to interpret it.  

 

Which is why these things ultimately have to go through the courts, who do actually have the final say on how the law gets interpreted (in some cases, that is, until it gets reinterpreted by the same court a.k.a. see Roe v Wade).

 

This is very similar to what he is trying to do with birthright citizenship.  Now a law is getting a reinterpretation that is different than how people interpreted it for decades, so it has to go through the courts again for the new final word on it.

 

Speaking of which, some are saying this is a reach around by the administration in anticipation on a negative ruling on the birthright citizenship, to achieve the same end of getting hoards of people out who were deemed legal.

 

And it’s classic M.O. for him.  Shouldn’t surprise anyone.  

Edited Saturday at 03:43 AM by Bugs