VWP Overstays and Adjustment of Status
Author Brent Renison describes the changes following a November 2013 U.S. Citizenship and Immigration Services (USCIS) policy memorandum applying Immigration and Nationality Act (INA) §245(c)(4), which specifies an exception to the bar on adjusting status from a VWP entry for immediate relatives, even if the VWP entrant filed for AOS after the 90 days of authorized stay. USCIS retains the ability to refer certain applicants to Immigration and Customs Enforcement, and restricts some procedural rights—except, for some applicants, within the Ninth Circuit. For details, download this free resource today!
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