United States Ninth Circuit

Once a Visa Waiver Program entrant files an adjustment of status application as an immediate relative, the alien is entitled to the procedural guarantees of the adjustment of status regime, and is no longer subject to the Visa Waiver Program's no-contest clause. An alien widow whose citizen spouse filed the necessary immediate relative petition form but died within two years of the qualifying marriage nonetheless remains a spouse for purposes of adjustment of status, and is entitled to be treated as such when her adjustment of status application is adjudicated.

Appellate Information

• Decided 04/21/2006
• Published 04/21/2006

Judges

• FISHER, Circuit Judge:, Before: FISHER, GOULD and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Brent W. Renison and Michael J. Millender, Tonkon Torp, LLP, Portland, OR, for the petitioner-appellant.


• For Appellees:
  
• Kenneth C. Bauman, Assistant United States Attorney, Portland, OR, for the respondent-appellee.