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  • Adjusting status

    Been here before I know, but were having a long long discussion about this question. So I need if possible to hear peoples experiences about the Visa Waiver Programme. Has anyone adjusted status coming into the country on an I94. Does anyone know of anyone being denied and what action they took after. Does anyone or has anyone got their AOS after entering the country with this visa.

  • #2
    Been here before I know, but were having a long long discussion about this question. So I need if possible to hear peoples experiences about the Visa Waiver Programme. Has anyone adjusted status coming into the country on an I94. Does anyone know of anyone being denied and what action they took after. Does anyone or has anyone got their AOS after entering the country with this visa.

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    • #3
      I don't have that experience, but poepole who enter the US using VWP may adjust status providing they fall under the category "immediate relative". They have to overcome the presumption they used VWP while having the intent to immigrate.

      The downside of doing that is that one of the terms of using VWP is giving up "rights to contest the government's decision". So, if denied, there is no appeal. That's been an interpretation by USCIS in most cases. However, US Court of Appeal 9th Circuit came in 2006 with the following opinion in one case:

      "We hold that once a VWP entrant files an adjustment of status
      application as an immediate relative, as contemplated by 8
      U.S.C. § 1255(c)(4), the alien is entitled to the procedural
      guarantees of the adjustment of status regime, see 8 C.F.R.
      § 245.2, and to that extent is no longer subject to the Visa
      Waiver Program's no-contest clause."

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      • #4
        Thank u very much. It is very much appreciated. We have been tearing our hair out on this one....

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