It is possible to adjust the status of a spouse to permanent residence, if that spouse entered the USA on the visa waiver program (“VWP”) provided the application is filed within the 90-day admission period.


It also seems clear that it is not possible to file for adjustment of status if a person is already in removal (deportation) proceedings.


There was a time, when field officers at the USCIS were approving adjustment of status in VWP cases even if the applicant had passed the 90-day authorization period of stay, when the application was filed.


Later many USCIS officers refused to adjust the status for people beyond the 90 day authorized period of stay. This all created great confusion. The American Immigration Lawyers Association has now received notification that USCIS headquarters has been instructed to adjudicate adjustment applications, which were filed by individuals, who last entered the U.S. under the visa waiver program and overstayed unless the potential beneficiary is subject to an I-9A Section 217 removal order. Immigration headquarters are currently drafting final guidance including an adjudicator’s field manual update on this topic. Obviously these cases will be adjudicated on their merits.


Applicants must be aware of the issues of preconceived intent, when entering the USA on the VWP.

San Diego Immigration Attorney 619-725-0797 Fiance Visa

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