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

Thursday, March 31st, 2011
By: Jonathan MontagJ.D.

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 for those that favor it that now USCIS will no longer enforce this anti-gay marriage law and allow for homosexual spouses to be petitioned for. Alas, after a brief period of excitement, USCIS announced that this would not be the case. An article summarizes it all here. USCIS is treading into new territory, at least in San Diego, with its enforcement of a “judge-made law” banning visa waiver overstay adjustments of status. (See numerous postings and links on this blog.) Then USCIS did not correct an immigration lawyers association announcement that USCIS would in fact not follow this “judge-made law” and a memo was imminent. Then local San Diego USCIS officials announced that they know nothing of any change coming. Then local San Diego USCIS officials began carving out exceptions through legal slights of hands for some who were denied adjustments of status – with no explanation of why some and not others (Equal Protection, Due Process anyone?). USCIS headquarters in Washington showed with the gay marriage thing that it can straighten out confusion if it wants to. Why doesn’t it want to in the case of visa waiver adjustments? USCIS, we can’t hear you. In the meantime the arrests keep happening. Posted March 31, 2011.

 


 

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