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I came to the U.S. on ESTA/VWP, can I adjust status?

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  • I came to the U.S. on ESTA/VWP, can I adjust status?

    Hi,
    I am an EU citizen. I entered the US in August 2018 using the visa waiver program. I have been here for almost 2 months. My husband has a pending adjustment of status through work. His priority date is current. We were married in March 2018. Now my question is, can I adjust my status to that of a permanent residence? I consulted with two attorneys one said that I can and the other said that I can?t, and at the moment I don?t know what to do, I need to make a decision soon, my time is running out and I don?t want to over stay my visa.
    Hope to get an answer from you soon.
    Thank you.

  • #2
    Originally posted by laurie384 View Post
    Hi,
    I am an EU citizen. I entered the US in August 2018 using the visa waiver program. I have been here for almost 2 months. My husband has a pending adjustment of status through work. His priority date is current. We were married in March 2018. Now my question is, can I adjust my status to that of a permanent residence? I consulted with two attorneys one said that I can and the other said that I can?t, and at the moment I don?t know what to do, I need to make a decision soon, my time is running out and I don?t want to over stay my visa.
    Hope to get an answer from you soon.
    Thank you.
    No. Someone who entered on VWP is not eligible for Adjustment of Status unless they are in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen). You are a derivative beneficiary in an employment-based category. So you are not eligible for AOS after entering on VWP.

    This is my personal opinion and is not to be construed as legal advice.

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