Are visa waiver adjustments prohibited by law or dicta?

Saturday, January 29th, 2011

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…

For Visa Waiver Adjustees, it’s now up to Alejandro Mayorkas

Sunday, January 16th, 2011

More and more Visa Waiver adjustment applicants are being denied adjustment and being deported. I mild panic is setting in. Perhaps it is fitting to put it in perspective and in terms the average person can understand. You’re a young American and you get your big opportunity to spend a summer traveling around Europe. You buy your Eurail pass and pack your backpack and you plan your trip. London, Paris, Nice, Florence …. During your adventure you meet a nice…

Visa waiver program redux

Sunday, October 31st, 2010

I have written several times, here, here, and here  about the visa waiver program, similar to how most Americans visit other countries – without visas for short stays, and the ability to adjust status — that is, become a United States citizen. The issue involved is as follows:

The speculative bubble in immigration practice. Part II.

Sunday, September 26th, 2010

Last week I discussed the irrational exuberance that caused attorneys to file adjustment of status applications for their clients who were deported and then came back even after it had become clear that USCIS was going to find the client ineligible for adjustment of status. This week I will discuss a similar irrational exuberance involving visa-waiver-entrant adjustments. The visa waiver program, found at INA § 217, allows citizens of certain countries to come to the United States without a visa…