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VWP Filing I-130 // I-485

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Filed: IR-1/CR-1 Visa Country: Belarus
Timeline

Visa Waiver Program Litigation Update

"VWP entrants can file an I-130 petition for an alien relative and can also apply for adjustment of status under the I-485 application, approval of which is left up to USCIS’s discretion. Additionally, the government’s brief acknowledges that the Department of Homeland Security (DHS) has discretion when determining whether or not to place a WVP entrant in removal proceedings." AILA blog, Jan. 3, 2011.

http://www.ailaslipopinionblog.org/2011/01/03/visa-waiver-program-litigation-update/

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Still viewed as a bit of a risk then by trying to adjust status on the vwp. Wonder whether they'll put a block on it altogether.

USCIS California Service Center - Expedited

09-SEP-2010 : Mailed I130 Petition to Chicago Lockbox.

16-SEP-2010 : Received NOA1.

24-SEP-2010 : Expedite: service request

05-OCT-2010 : Supporting documents sent to CSC.

16-OCT-2010 : RFE received.

19-OCT-2010 : RFE response received at CSC.

22-OCT-2010 : I130 Petition APPROVED.

30-OCT-2010 : NOA2 Received in Mail

NVC - Expedited

27-OCT-2010 : Case Number Assigned

02-NOV-2010 : Expedite request emailed to NVC

10-NOV-2010 : Expedite approved - Case forwarded to Consulate

12-NOV-2010 : Medical

US Embassy - Expedited

18-NOV-2010 : Packet 3 email received.

19-NOV-2010 : Emailed DS230, DS2001

30-NOV-2010 : Interview - 9am Denied: 3 year bar (overstay) - i601 Waiver filed with expedite request

01-DEC-2010 : MP requests assistance from US Ambassador

03-DEC-2010 : Waiver transferred from USCIS to DHS

11-DEC-2010 : Waiver Receipt notification dated 07-DEC-2010

20-DEC-2010 : VISA/Waiver Approved

22-DEC-2010 : Approval letter received

24-DEC-2010 : Passport collected by courier

10-JAN-2011 : CR1 Visa Issued by IVU London

11-JAN-2011 : Passport / Visa delivered.

18-JAN-2011 : POE: EWR (Newark, New Jersey)

17-FEB-2011 : Welcome Letter Arrived

19-FEB-2011 : Green Card I-551 Arrived

I-130 Mailing to Approval (incl. waiver): 102 Days

OCT 2012 : Applied for Removal of Conditions

DEC 2012 : Received NOA1 (GC extention letter)

18-JAN-2013 : Biometrics walk in approved and completed

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How is this any different from the policy that has been in place? I see no difference.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

How is this any different from the policy that has been in place? I see no difference.

No its a gamble to apply this way.. they can say yes.. or NO. If they say no unfortunately for most there is an overstay waiver involved.

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