On Thursday, November 14, U.S. Citizenship and Immigration Services released a memo saying that certain immigrants coming from Visa Waiver Program countries might be able to remain in the country, even if they overstayed their 90-day visit. Now visa waivers were already in place, which is where someone who overstayed their visa might still be eligible for adjustment of status. But for people coming from a country where visitors do not need visas to enter the country for certain visits, they could not stay longer than 90 days in the country. Before this month's policy, if such an immigrant stayed longer than this legal period, then their way could be barred to any immigration benefits for years to come.

But as of this month, the Obama administration authorized a policy that would allow immigrants to apply for permanent residency, even if they stayed longer than 90 days; this for immigrants who are from Visa Waiver Program countries and who have immediate relatives that are U.S. citizens. (This came right before the new policy that affects some families of U.S. military personnel; some immediate family members of U.S. service members may now be allowed to stay as well.)

Though someone with a visa can apply to extend their visit, if someone came for a 90-day visit under a Visa Waiver Program, then they could not get an extension. It was the rare person who could ask for an extra 30 days for "Satisfactory Departure". If any such person overstayed this allotted time for a visit, then they would not qualify for an adjustment of status. In fact, if an immigrant stays inside the country for 180 days or more beyond the period set for their visit, they could face a three- to ten-year time bar, meaning that they would have to wait that many years to reenter the country. But now, anyone who is an immediate relative of a U.S. citizen can waive this disqualification; they can apply for adjustment of status even if they stayed in the country too long.

Unfortunately, if the application with an overstay waiver is denied, then there is no chance to appeal, but removal proceedings would not start. This is true except for in the Ninth Circuit, if a qualifying immigrant filed before the 90 days was over while they were in the jurisdiction of the Ninth Circuit. It would be in your best interests then to consult an immigration lawyer before applying.

Immigrants to the United States who are able to qualify for the Visa Waiver Program would be citizens from: Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom. Citizens from these countries must meet further qualifications, which include: having a valid passport; coming for a visit that is either for business, pleasure, or transit that will last less than 90 days; and being eligible for a visa anyway. There are further criteria beyond these as well.

While this waiver program can be complicated enough, adding a new policy to the mix can make matters even more complex. If you are seeking to come into the United States through this Visa Waiver Program, or if you have already come into the country through this program and want to obtain an adjustment of status, do not hesitate to contact an experienced immigration attorney. A legal expert can help you understand your options and rights. Find the excellent legal counsel you need when you search our directory for a local immigration lawyer today!