Another nail in the visa waiver coffin

Tuesday, March 29th, 2011
By: Jonathan MontagJ.D.

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. Many of us would welcome a return to the less-than-perfect time when an alien could adjust status despite having overstayed on the visa waiver program even if the alien could not pursue denial in the immigration courts or courts of appeal. Depending on the kindness of strangers was better than nothing. Posted March 29, 2011.



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