Archive for March, 2011

USCIS can decide fast when it wants to, how about with visa waiver adjustments?

Thursday, March 31st, 2011

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…

Another nail in the visa waiver coffin

Tuesday, March 29th, 2011

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….

212(c) sometimes available for post IRIIRA convictions

Monday, March 28th, 2011

In this posting I would like to discuss an arcane issue – 212(c) and Cancellation of Removal relief. Cancellation of Removal came about on April 1, 1997, after the passage of the Illegal Immigration Reform and Alien Responsibility Act of 1996 (IIRIRA). Because IIRIRA came into effect such a long time ago, by this time most people facing deportation are in post-IIRIRA removal proceedings rather than pre-IIRIRA exclusion or deportation proceedings . In exclusion and deportation proceedings, aliens could seek 212(c)…

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…