Visa Waiver overstay and Marriage Based Adjustment of Status – Update Coming Soon

Here is the latest from the American Immigration Lawyers Association on the Visa Waiver Denials issue.

Following reports from AILA chapter USCIS liaisons that a favorable resolution on the question of adjustment eligibility for Visa Waiver Program (VWP) admittees has been reached, AILA Liaision has confirmed that USCIS HQ has instructed the field that USCIS retains jurisdiction to adjust an alien who was admitted under the VWP, whether or not the adjustment application was filed during the alien’s 90-day period of admission. Follow our Blog for more info.

This recent update comes in a time when the San Diego filed office continues to deny applications of Visa Waiver overstays. I expect the new policy to be implemented in San Diego soon as well.