Introduction
Embarking on a journey to the United States under the Electronic System for Travel Authorization (ESTA) often marks the beginning of an adventure.
However, for some, this journey evolves into a deeper commitment—a path towards becoming a permanent resident of the United States.
While it is generally challenging to adjust status from ESTA, it’s not impossible!
In this blog post, I will explore what is ESTA and the process of transitioning from ESTA to permanent resident status through adjustment of status.
What is ESTA?
ESTA is an automated system used by the U.S. Department of Homeland Security to determine the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP).
ESTA is required for travelers from VWP countries who plan to visit the U.S. for tourism, business, or transit for stays of up to 90 days.
What is Adjustment of Status?
Adjustment of status refers to the process by which eligible nonimmigrants, such as those admitted under the VWP through ESTA, can apply for lawful permanent resident status without leaving the United States.
It offers a streamlined pathway to obtaining a green card for those already present in the country.
Eligibility for Adjustment of Status while on ESTA
To be eligible to adjust status while on ESTA, you must meet certain criteria, including:
You must be physically present in the United States
You must have entered the U.S. legally under the VWP/ESTA
You must be eligible for a green card in a specific category
While it is ideal to file for adjustment of status while still on ESTA, if you overstayed your period of authorized stay, you may still be eligible for adjustment status!
Both filing while on ESTA and after overstaying ESTA come with its own risks, so it is advised you speak with an experienced immigration lawyer to discuss your specific situation.
Applying for Adjustment of Status
To apply for adjustment of status, you’ll need to file Form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USCIS).
You’ll also need to submit supporting documents, such as proof of eligibility for adjustment of status and evidence of your relationship with your sponsor.
What are the risks associated with applying for a green card while on ESTA?
Adjusting status from ESTA can be risky, as it may raise questions about your intent when you entered the U.S. under the Visa Waiver Program.
If USCIS believes that you misrepresented your intentions when you entered the U.S., your application for adjustment of status could be denied
If your adjustment application is denied, USCIS may refer you to U.S. Immigration and Customs Enforcement (ICE), which can then issue an administrative removal order without you having an opportunity to see an immigration judge.
This is why it is important to speak with an immigration lawyer before you decide whether you want to file for adjustment of status while on ESTA or after having overstayed the terms of your ESTA stay,
Seeking Legal Assistance
Given the complexity and risks involved in adjusting status from ESTA, it’s advisable to seek the assistance of an experienced immigration attorney.
An attorney can help you understand your options, prepare your application, and navigate the adjustment of status process.
Adjusting status from ESTA to a green card is a complex process with significant risks. Before pursuing this option, it’s important to carefully consider your circumstances and seek legal advice to ensure you understand the implications and requirements.
