Petitioning on Behalf of Parents

[ceadsearc 516]

The answer is no, you can't. There does exist a possibility of adjusting from VWP, but it is for people who came to the US intending to visit and for some reason circumstances changed. In the cases of spouses this is usually deciding to get married, etc. If you know you want to immigrate, the only legal pathway is the IR-5 visa. You were mostly correct in your previous belief that it wasn't allowed - it is not allowed for anyone planning to immigrate.

[benuk 18]

Don't jump down my throat but all I did was give an example and asked if I was reading the information correctly as I always understood this was NOT allowed...

I assume the original poster is in the position of applying for someone who arrived just for a visit and then deliberately or not overstayed with the intention of applying for AOS but they have just been given advice on how to proceed (not saying they shouldn't do it I wish them good luck)- not dire warnings of punishment...

And now I wait for more dire warnings instead of an answer to my original question.

Lol....You could always do it but at your own risk!!Why risk? When you can still enjoy it a few months in the UK! I'm in the very end of my process and honestly went faster that I could even think! Think about it!

Best of Luck.

[JimVaPhuong 4,863]

Don't jump down my throat but all I did was give an example and asked if I was reading the information correctly as I always understood this was NOT allowed...

I assume the original poster is in the position of applying for someone who arrived just for a visit and then deliberately or not overstayed with the intention of applying for AOS but they have just been given advice on how to proceed (not saying they shouldn't do it I wish them good luck)- not dire warnings of punishment...

And now I wait for more dire warnings instead of an answer to my original question.

The OP was posting on behalf of her husband and his parents. It's unclear what their intent was when they entered the US, but it's irrelevant. We can't give retroactive advice. The fact is that it's illegal to enter the US with a non-immigrant visa or other entry pass while having the intent to remain in the US and become an immigrant before leaving. It's called "preconceived intent". It's not often used as a reason for denying adjustment of status, especially if the person adjusting status is an immediate relative of a US citizen and the preconceived intent is the only negative factor they've got against them. The BIA determined long ago that preconceived intent wasn't serious enough, on it's own, to overcome the positive factor of being an immediate relative of a US citizen.

A bigger concern for you is entering with the VWP. The ESTA rules require that you waive all rights to appeal any decision by any immigration officer. This means that the IO who decides your adjustment of status case will be judge, jury, and executioner. They can deny you for whatever reason they want, and you will not be able to appeal their decision. An immigrant visa doesn't come with these risks.