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…

Over the past few years I have been writing a lot  about the visa waiver program and adjustment of status. The visa waiver program is a program found at INA § 217 where citizens of certain countries can enter the United States for ninety days without a visa, similar to how United States citizens, when visiting many countries do not have to obtain a visa before traveling. A condition of the program is that a visa-waiver entrant cannot change or…

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…

In this blog, I have written a lot about the visa waiver program – on September 26, 2010,  October 31, 2010, January 16, 2011, and January 29, 2011  – and written other places, such on the ILW website  and the now defunct Immigration Law Today magazine.  I have also litigated the issue. The conclusion from all this writing and analysis is that for six years aliens and attorneys have been on notice, at least in the the 9th Circuit, that when…