VWP Overstays and Adjustment of Status

VWP Overstays and Adjustment of Status

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VWP Overstays and Adjustment of Status

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“Visa Waiver Program Overstays and Adjustment of Status for Immediate Relatives,” the most recent of AILA's Inside Immigration series, cuts through the confusion about immediate relatives, Visa Waiver Program (VWP) overstays, and adjustment of status (AOS).

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!

3 pages
March 2014
Vol. 5, Issue 1
MO-112

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About the Author

Brent Renison practices in Portland, OR, with Parrilli Renison LLC, and argued the Freeman v. Gonzales case. He is the recipient of the 2010 Daniel Levy Memorial Award for Outstanding Achievement in Immigration Law and the 2007 Gerald H. Robinson Excellence in Advocacy Award. He is the chair of AILA's Oregon Chapter and chair of the AILA Access to Counsel Task Force.

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