In the ongoing saga about those seeking adjustment of status as immediate relatives under the visa waiver program, U.S. Citizenship and Immigration Services (USCIS), through the American Immigration Lawyers Association (AILA) [USCIS’s peculiar way of announcing policy], on April 7, 2011, announced the following policy advisory: All field offices have been instructed to adjudicate I-485 applications filed by individuals who last entered the U.S. under the Visa Waiver Program (VWP) and overstayed on their merits UNLESS the potential beneficiary is the…

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….

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…