Solicitor General Weighs In On Visa Overstays

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The office of U.S. Citizenship and Immigration Services (the “USCIS”) has discretion to adjust the status of an “immediate relative” Visa Waiver Program overstay, regardless of whether such an overstay occurred prior to the filing of an application to adjust immigration status to permanent residency (using form I-485).

That was the position taken late last year by the U.S. Acting Solicitor General Neal Katyal in a brief filed in the U.S. Supreme Court in opposition to a writ for certiorari in the case of Bradley v. Holder.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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