Of all the arcana that exists in the immigration law world, the subject that always seems to return is visa waiver adjustments. I have written about it quite often, such as here, where I provide the background of the issue and links to other articles. In a nutshell, visa waiver entrants are people who lawfully come to the United States without visas. This is a benefit provided to citizens of certain countries. The law about visa waiver entry is found…

Despite promising two years ago that it would announce a policy regarding whether a person can file for adjustment of status after his period of authorized stay as a visa waiver applicant ended, USCIS has not announced a uniform policy. Some USCIS districts are adjudicating visa waiver adjustments for those who file after their 90-day period of stay ended as routine cases and others, like the San Diego district, are making “case by case determinations” as to whether to allow…

In recent days immigration law became more exciting because of news about homosexual marriage adjustments of status. To be brief, the President announced that the Justice Department would not defend a statute in the courts that defines marriage as being limited to heterosexuals – one of each gender. Inasmuch as this law has a huge impact in immigration law as U.S. citizens and permanent residents can petition for their spouses to immigrate to the United States, there was much optimism…

The Ninth Circuit Court of Appeals put another nail in the visa waiver adjustment coffin last week in yet-another case, Bingham v. Holder. This case deals with the legality of the “waiver of rights” provision of the visa waiver program rather than prohibiting adjustment of status to those apply to adjust after their period of admission expires – which is the rule in the San Diego USCIS District but apparently no where else – please correct me if I am wrong….