USCIS Memo on Immediate Relative I-485s for VWP Applicants
USCIS released a policy memorandum dated November 14, 2013, which updates Chapters 10.3 and 23.5 of the Adjudicator’s Field Manual (AFM) and provides guidance on the adjudication of Forms I-485 filed by immediate relatives of U.S. citizens who were last admitted under the Visa Waiver Program (VWP). USCIS field offices shall adjudicate adjustment of status cases filed by immediate relatives of U.S. citizens who were last admitted to the United States under the VWP, in accordance with section 245 of the INA. This includes cases where Form I-485 was filed after the 90-day period of admission.
This brings all jurisdiction of USCIS to the same page. Prior to this memo we had to look at this issue on a district by district basis.