Let’s be serious about Alejandro Mayorkas

Sunday, March 29th, 2015

For 4 years, from 2009 to 2013, Alejandro Mayorkas was the Director of U.S. Citizenship and Immigration Services (USCIS). This was not a glamor position highly coveted in government. It meant taking over a portion of the former INS which was split into three parts and moved to the Department of Homeland Security in 2003. Two of the parts, Immigration and Customs Enforcement and Customs and Border Protection, were the law enforcement portions of the former INS, while USCIS was…

USCIS leaders still unclear and erratic regarding visa waiver adjustments

Sunday, March 20th, 2011

Last week,  in discussing the issue of the San Diego USCIS’s apparent unique enforcement of of laws about the Visa Waiver Program, I noted that the American Immigration Lawyers Association posted the following on its members-only news page, called InfoNet: Following reports from AILA chapter USCIS liaisons that a favorable resolution on the question of adjustment eligibility for Visa Waiver Program (VWP) admittees has been reached, AILA Liaision has confirmed that USCIS HQ has instructed the field that USCIS retains jurisdiction…

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…

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…