Archive for January, 2011

Are visa waiver adjustments prohibited by law or dicta?

Saturday, January 29th, 2011

When last blogging on visa waiver adjustments  I discussed the murky issue of whether a person could adjust status if he or she filed an adjustment of status application after overstaying his or her period of stay, usually 90 days. I indicated that there is argument that because the courts of appeal, when hearing visa waiver removal cases, are considering their jurisdiction, holdings that they cannot review denials of visa waiver adjustments in cases where there is late filing, this…

Naturalization granted but appellate court seems dubious

Sunday, January 23rd, 2011

In this blog, I usually address cases in the Ninth Circuit and do not rummage around in other circuits. However, today I am interested in a case out of the 4th Circuit, which covers Maryland, Virginia, West Virginia, North Carolina, and South Carolina. It sits in Richmond, Virginia, which was the capital of the Confederacy. The case is Cody v. Caterisano. In the case, Mr. Cody, who is an Irishman, was accepted into the United States Naval Academy. Ordinarily, according…

What if he was a foreigner?

Thursday, January 20th, 2011

Darrell Issa Darrell Issa is a Congressman from California’s 49th Congressional District, a district  to the North of the City of San Diego. He has held this seat for the last 10 years. A January 24, 2011, New Yorker Magazine article about Darrel Issa, states: On March 15, 1972, three months after Issa allegedly stole Jay Bergey’s car and one month after he left the Army for the first time, Ohio police arrested Issa and his older brother, William, and charged…

For Visa Waiver Adjustees, it’s now up to Alejandro Mayorkas

Sunday, January 16th, 2011

More and more Visa Waiver adjustment applicants are being denied adjustment and being deported. I mild panic is setting in. Perhaps it is fitting to put it in perspective and in terms the average person can understand. You’re a young American and you get your big opportunity to spend a summer traveling around Europe. You buy your Eurail pass and pack your backpack and you plan your trip. London, Paris, Nice, Florence …. During your adventure you meet a nice…