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Thread: Visa waiver

  1. #1
    Does anyone knows and understand the visa waiver rules that are granted to certain countries?
    Im hearing that if you overstayed on a visa waiver, then later on married a USC and tries to adjust your status, the INS will deny your request because of the visa waiver rule that says you do not have the right for any type of immigration benefit?
    Does anyone knows a national of visa waiver country that overstayed in the US and was still able to adjust his status throught relatives or employment without leaving the States?

  2. #2
    You're hearing incorrectly. Being successful in adjusting status after entering on VWP depends on a number of factors.

  3. #3
    People who entered using VWP can oly adjust status in the US as immediate relatives of a U.S. citizen (parent, spouse, or unmarried child under 21). Can't be done through employment.

    A person who entered on VWP waived his/her rights to appeal any USCIS decision. That's the risk.

  4. #4
    Well, would you or anyone else mind tellin me what are the factors?.
    From what i have understood by talking to some lawyers, signing the i-94W means you waive all your rights to any immigration benefit.
    Is it possible that you could be pardon for overstaying and pay a fine to adjust your status?

  5. #5
    By signing you waive your rights to appeal a negative decision on immigration benefits sought.

  6. #6
    visa waiver are not allowed to adjust their status?

  7. #7
    While you may be able to adjust through marriage to a USC you run a very big risk indeed. As sappy said, when you enter on the VWP you waive your rights to appeal a negative decision on immigration benefits sought BUT and this is a big but you also will be put into expedited removal if you overstay. Considering the length of time an adjustment can take an overstay is inevitable.

    So if you are stoped say for speeding you could be put into expedited removal and you wind up back in your home country and your adjustment paperwork is discarded by USCIS as they will then consider you application abandonded. You will then have to start all over but this time you will have to adjust from outside of the U.S.

    Factor in all of the other "inconvieniences" that result from an unexpected expedited removal: loss of job, maybe your house maybe your credit not to mention the length of time your spouse has to go it alone in the U.S. and you can see this could be a big mess.

  8. #8
    VWP countries can, in some circumstances, adjust status, but only if they marry a village idiot.
    Parents cannot adjust status if their Amcit adult child petitions for them; VW citizens cannot adjust to H1b or F1 (worker or student)...but, an adjustment of status is far from automatic because anyone entering using the PRIVILEGE of the visa waiver (not a right) waives many other opportunities that accrue to someone entering the US with a visa.
    In general our immigration folks take a dim view of VW citizens abusing this privilege, and each and every adjustment via marriage to the village idiot scores as a black mark against that country and could result in that country eventually losing the VW privilege (not that the irresponsible ****s abusing this privilege would care)...

  9. #9




  10. #10
    Someone, what makes you say "Parents cannot adjust status if their Amcit adult child petitions for them". That's not how I understand it. Of course, we are talking about people who enetered on VWP...

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