Enter the states with VWP is that possible ?

[armywiffy 0]

Hi

i do have a question first I want to show you to read and like to know what you think about this ???!!!!

I Entered the U.S. through the Visa Waiver Program. Can I Change my Status to another non-immigrant status or adjust my status to a Green Card?

Change of Status from Visa Waiver to another Non-immigrant Status

Coming to the U.S. can be eye opening. Many people may visit, and then realize that they would like to stay longer, either to work or go to school. Someone may come as a tourist, and then later decide that he wants to stay. Can someone who comes as a tourist under the Visa Waiver Program change status to another nonimmigrant visa status and stay longer in the U.S.?

For example, Larry is from France. France participates in the Visa Waiver Program (VWP) with the U.S. (If your country participates in the VWP, there is no need to get a tourist visa to visit the United States.) The VWP is designed for temporary business or pleasure travel that lasts for fewer than 90 days. Learn more about countries participating in the Visa Waiver Program here.

When Larry enters the U.S. on VWP, he originally intends just to visit and learn more about the U.S. However, spending 30 days in the U.S., Larry finds a prestigious university that he would like to attend and wants to change from VWP to F-1 status, without having to leave the United States. However, Larry is unsure as to whether he can legally apply for a change of status in this context.

In the scenario above, Larry would not be able to apply for a change of status from VWP to F-1 status. As a general rule, a person on a VWP cannot change his or her status while still in the United States. There are minor and rare exceptions, such as U visas, refugee, and asylum, but the overwhelming majority of people on VWP cannot change status to another nonimmigrant visa while still in the U.S. Larry will have to go home and apply for a visa through Consular Processing at the U.S. consulate in France. [8 C.F.R. 217.3 (a)]

Adjustment of Status from Visa Waiver to Lawful Permanent Resident

What if you come to the U.S., and find that you like it so much, you want to file to adjust your status to lawful permanent resident status (green card holder) so that you can stay permanently? Can you do that?

Usually you cannot file an adjustment of status from VWP status. As a general rule, a person who enters on VWP cannot adjust status to lawful permanent resident status (green card holder) while in the U.S. By entering on VWP, you certify to the Customs and Border Protection agent who admits you that you do not intend to stay in the U.S. If you intend to stay in the U.S., you are considered ineligible for the VWP and should seek the appropriate visa from the U.S. consulate in your country.

The exception to this is for immediate relatives of U.S. citizens who are the beneficiaries of an immediate-relative petition and file an adjustment of status application within the 90 day authorized period. [iNA 245©(4)]. Sometimes, after people arrive in the U.S. on VWP, they might change their minds and decide they want to stay permanently with their U.S. citizen family member. If you are in the U.S. based only on the VWP, then you can file for a green card based on marriage to a U.S. citizen, or being the child of a U.S. citizen (under 21 years old and unmarried), or being the parent of a U.S. citizen, and the U.S. citizen child who petitions for you must be 21 years or older (these three bases together is called the “immediate relatives” category). However, a VWP holder who files for an AOS outside of the 90-day period or is otherwise placed in removal proceedings may be ineligible for an adjustment of status, even if they are an immediate relative. [8 C.F.R. 1208.2©(3)(i)]For all other kinds of green card applications, you will still have to go through the consulate in your country after the initial petition has been approved by the USCIS.

For example, Sara lives in England. Dan lives in Chicago and is a U.S. Citizen. Sara and Dan have been dating for 2 years, and Sara often comes to Chicago to visit Dan, never staying for more than 90 days. During one of Sara’s trips to Chicago, Dan proposes and Sara says yes. Can they get married right away, so that Sara can apply for her green card and stay with Dan? Yes. Sara can file her adjustment of status at the same time that Dan files the immigration petition (I-130) petition for her within 90 days of Sara’s arrival at the US.

However, green card applications filed by people present in the U.S. through VWP must be carefully addressed. Applicants should still be prepared to document that they did not have preconceived intent. Second, applicants should pay careful attention to timing, and be sure to file their application while they are still in VWP status in the U.S.

Applicants should make it a priority, if they are eligible and decide to file for a green card while in the U.S. on the VWP, to file it within 90 days of entry. People who enter on the VWP are only allowed to stay for 90 days. After that, they are unlawfully present in the U.S., and can be removed by the government if caught. People who enter on VWP, as a condition of their entry, waive their right to review before an immigration judge prior to removal. A pending application for a green card does not protect an applicant who entered under VWP from removal, unless he filed it within 90 days. Thus, those who enter under VWP and are eligible for adjustment of status should be careful to file their application before their 90 days is up.

Canada is not included on the list of countries that participate in the Visa Waiver Program; however, Canadians are admitted under North American Free Trade Agreement (NAFTA). Canadian citizens do not need a visa (except those who fall under E, K, S, or V non-immigrant visas), but do need a passport to enter the U.S. [8 C.F.R.212.1 (a)] Also, under the Western Hemisphere Travel Initiative (WHTI) program, Canadian citizens must have a valid passport to enter the U.S. and must provide documentary evidence of citizenship (exceptions can be found at [8 C.F.R.212.1 (a) (1) (i), (ii), (iii)]. [Department of Homeland Security]

The North American Free Trade Agreement (NAFTA) also allows Canadian citizens to enter the United States to engage in certain professional activities. The agreement allows Canadian citizens to enter as business visitors so long as they receive no salary or other compensation from a U.S. source, other than expense allowances. Also, for Canadian professionals, there are TN visas that allow Canadian citizens to engage in professional activities. [8 C.F.R. 214.2 (b)(4)]

Furthermore, Canadian citizens who are admitted into the U.S. without a visa are allowed to remain for 180 days; however, those who enter the United States under a B-1/B-2 visa are allowed to stay in the U.S. for 1 year and those admitted under a TN visa are allowed to stay in the U.S for three years. [8 C.F.R. 214.2 (b)(1); INA 214.6 (e)] While Canadian citizens are not allowed to file and application for an adjustment of status, they are allowed to apply for a change of status to another non-immigrant status. It should be noted that the USCIS could look upon this application with scrutiny; therefore if the Canadian citizen would like to eventually apply for a change of status, they should be upfront about it with the USCIS border monitor when they make their entry into the United States. Doing this will decrease the likelihood of the COS application being denied on the basis of preconceived intent.

What you think is it as a spouse married with an us citzien really possible to enter the states this way , a lawyer had written this so i think it is . What about kids could they go with there mother yes or not do she need then to applicate the same documents for them or do she has to wait till the mother get her own green card then ?

it make me little bit confused after i read this

[canadian_wife 1,829]

You cannot use the VWP to enter the US with intentions of immigrating. That is fraud. If a lawyer wants to take this on, knowing it is fraud, then you need a new lawyer.

It is really simple, if you want to immigrate to the US, get an immigrant visa. No one on here is going to suggest you do otherwise

Good luck

[belinda63 3,047]

While it is done, entering with a non-immigrant visa with the intent to adjust status, is a violation of US law. The US has laws and procedures for a person who wishes to immigrate to the US which involve steps to insure the safety of the people of this country such as medical exams, background checks, etc. Also there is the requirement that you will not become a burden upon the government by showing you have the means, by way of a sponsor, of financial support so you will not have to rely on services paid for by the government. By entering on a non-immigrant visa you bypass all of these steps, at least temporarily, which bypasses the intent of the law.

Another risk you run is if you misrepresent yourself at any time during the application or entry into the US by answering a question falsely. If you are found to have given an incorrect answer intentionally, for the purpose of being admitted, then you attempt to adjust status you could be deported and banned from the US.

So the question is, do you want to take the risk (since you are already here)?

That said, expect flack from some persons here as most of us went through the long process of doing things the right way, not the fast way.

[armywiffy 0]

While it is done, entering with a non-immigrant visa with the intent to adjust status, is a violation of US law. The US has laws and procedures for a person who wishes to immigrate to the US which involve steps to insure the safety of the people of this country such as medical exams, background checks, etc. Also there is the requirement that you will not become a burden upon the government by showing you have the means, by way of a sponsor, of financial support so you will not have to rely on services paid for by the government. By entering on a non-immigrant visa you bypass all of these steps, at least temporarily, which bypasses the intent of the law.

Another risk you run is if you misrepresent yourself at any time during the application or entry into the US by answering a question falsely. If you are found to have given an incorrect answer intentionally, for the purpose of being admitted, then you attempt to adjust status you could be deported and banned from the US.

So the question is, do you want to take the risk (since you are already here)?

That said, expect flack from some persons here as most of us went through the long process of doing things the right way, not the fast way.

but then i do ask myself a question why this lawyer had written on his on site that it work out with this form VWP ? that you can AOS if you are married with an us citizen , a lawyer normaly must know this , i did read a lot here on this site i am not the only one who asked this question and more then 70 % i would say from what i read you can do this

my problem is my husband move end of august then he will be out of the army and do his NG also study and i do not have another sponsor now he would be here in germany but when he move back to states not anymore so i can not make the process here in germany without him and i still need some documents translated we got married end of may and he had a lot appointments so we could not make anything sure with the DCR filling or I-130 here in germany and time is runing away now , at last it is very hard to be stuck in germany and why things so unfair the mexicans i mean it not bad pls do not misunderstand me pls not can stay and most came to the states illegal and i have to fight and to do everything that i can move with my love also it is very very expensive why so much different when you come over and want to live in germany you only need to pay 400 Euro and germany is a very social state for myself to social be honest and only need to go to school to learn german thats it but most who come here and want to live here do not know one word german i am really very confused and ask myself often why things so hard if you not got married just for fun to get a GC i do know a lot ppl do that or get married with an us citizen and look then in states for someone else this is not the way , i do love my husband with all my heart we got married because we really do love each other and we can proof everything we have pictures , rented rooms in germany together , bought car together i do have all this documents , letters , skype chat , how we meet first and so on i can proof a lot more as some ppl

the only thing i dont want is stuck here without my love that is heartbreaking

[canadian_wife 1,829]

Go back and read what you posted. It said that if Sara enters the US, Dan propses, they marry - she can then adjust status

The difference between your situation and Sara's is that Sara CHANGED HER MIND! You won't. You are already married, you cannot use the VWP to 'change your mind' because you aren't changing your mind. You will willfully use the VWP to violate immigration rules. No lawyer will advise that.

File now, separation is part of this process. Sorry, but the love of your life will stil be the love of your life in 6-10 months

Good luck

[JohnR! 5,495]

but then i do ask myself a question why this lawyer had written on his on site that it work out with this form VWP ? that you can AOS if you are married with an us citizen , a lawyer normaly must know this , i did read a lot here on this site i am not the only one who asked this question and more then 70 % i would say from what i read you can do this

I do not mean to be rude, but it seems you are looking for someone to corroborate what the lawyer has told you.

Can you do what the lawyer suggests? Absolutely. Is it legal? Absolutely not.

Good luck!

[armywiffy 0]

AND NOW HERE IS THE ANSWER I FOUND

VISIT THIS SITE

SO IT LOOK LIKE I CAN ENTER THE STATES AND MAKE SURE AOS

VISA WAIVER PROGRAM | FREQUENTLY ASKED QUESTIONS

www.jackson-hertogs.com/jh/faq/10505.pdf

8. Can I adjust status to Lawful Permanent Resident?

Yes, but only if you are eligible for adjustment as the beneficiary of an "immediate relative" petition (i.e., as the spouse, child or parent of a United States citizen over the age of 21). To qualify as a "child", you must be under age 21 and unmarried.

Please note that if you enter the U.S. under the VWP when already married to a U.S. citizen or if you marry shortly after admission, the Immigration Inspector may regard your entry as fraudulent (i.e., that you misrepresented your actual intent upon admission). This could result in problems with a subsequent adjustment of status application. You should seek legal advice if you intend to adjust your status based on marriage after entry under the VWP.

[armywiffy 0]

I do not mean to be rude, but it seems you are looking for someone to corroborate what the lawyer has told you.

Can you do what the lawyer suggests? Absolutely. Is it legal? Absolutely not.

Good luck!

but then i do really ask myself why he make this official on his own lawyer internet page also on facbook you can find it under

immigration laws

[armywiffy 0]

also found this , so why ppl write it down if it is not possible ?

I can comment on the green card process if you get married. My husband and I went through this a few years ago before moving to Germany. You'll have to fill out a ton of forms and pay about $1000. If your girlfriend/wife is already in the US when you apply, she won't be able to leave the US until receiving an advanced parole. If she leaves the US without receiving the parole, her green card application will be considered abandoned. We never actually finished the green card process as we moved to Germany, but I can tell you that we waited over 1.5 years and still never had our first interview. It can take years for the process to be complete.

[canadian_wife 1,829]

Did you miss the part about it being interpreted as misrepresentation (which carries a lifetime ban by the way) and to consult a lawyer before hand if you are already married?

You are posting a lot of stuff cut and paste, but are you actually reading it?

Good luck

[aaron2020 11,651]

but then i do really ask myself why he make this official on his own lawyer internet page also on facbook you can find it under

immigration laws

Some lawyers lie. Are all the lawyers in your country honest about everything? Do some advertise lies? Isn't there a single lawyer in your country that falsely advertise?

P.S. Please use paragraphs so your posts are easier to read.

Edited July 27, 2012 by aaron2020

[JohnR! 5,495]

but then i do really ask myself why he make this official on his own lawyer internet page also on facbook you can find it under

immigration laws

Below is a link to the website of the Dept of State. Although under the VWP you do not need a visa to come to the US as a tourist, the same principles and rules apply as though you did. Therefore, upon entry if you truthfully declare the motive of your trip to US you will be denied entry. If you misrepresent yourself - that is, if you lie - you will fall under section 212 below.

http://travel.state.gov/visa/frvi/denials/denials_1361.html

INA Section 212(a)(6)©(i) - Fraud and Misrepresentation

What does a denial under INA section 212(a)(6)©(i) mean?

You were refused, or found ineligible, for a visa under section 212(a)(6)©(i) because you attempted to receive a visa or enter the United States by willfully misrepresenting a material fact or committing fraud. This is a permanent ineligibility, so every time you apply for a visa, you will be found ineligible for this reason.

You will be advised by the consular officer if you can apply for a waiver of this ineligibility. Review Can every applicant who is ineligible apply for a waiver? for more information.

What is meant by misrepresentation of a material fact?

Misrepresentation means that you falsely presented facts and were not truthful in an attempt to receive a visa or enter the United States. A fact is considered material, as it pertains to this section of the INA, when, had the truth been known, you would not have been eligible to receive a visa or enter the United States.

[Karee 4,191]

Below is a link to the website of the Dept of State. Although under the VWP you do not need a visa to come to the US as a tourist, the same principles and rules apply as though you did. Therefore, upon entry if you truthfully declare the motive of your trip to US you will be denied entry. If you misrepresent yourself - that is, if you lie - you will fall under section 212 below.

http://travel.state....nials_1361.html

INA Section 212(a)(6)©(i) - Fraud and Misrepresentation

What does a denial under INA section 212(a)(6)©(i) mean?

You were refused, or found ineligible, for a visa under section 212(a)(6)©(i) because you attempted to receive a visa or enter the United States by willfully misrepresenting a material fact or committing fraud. This is a permanent ineligibility, so every time you apply for a visa, you will be found ineligible for this reason.

You will be advised by the consular officer if you can apply for a waiver of this ineligibility. Review Can every applicant who is ineligible apply for a waiver? for more information.

What is meant by misrepresentation of a material fact?

Misrepresentation means that you falsely presented facts and were not truthful in an attempt to receive a visa or enter the United States. A fact is considered material, as it pertains to this section of the INA, when, had the truth been known, you would not have been eligible to receive a visa or enter the United States.

I'd take the above post very seriously.

[NigeriaorBust 4,087]

A lawyer is interested in making money. The more he advises someone to do something that is slightly fishy the more he can wring out of them to fix there situation. Do you if wandering into the US as the spouse of a USC and adjusting status was the right way to do things there would be thousands of people here doing it by filing a CR1 ? The people here highly respect the immigration laws of the US and are trying to help you do things the right way. If you don't respect the same laws you can try to slip through the loophole and feed your internet lawyer. If you get a CO that had a bad day you could end up spending years apart and thousands of dollars trying to fix things. Personally I have more respect for those that do things the right way than those that stop by here bragging how they cheated the system. We have enough cheaters and crooks in the US already , we really don't need more.

[armywiffy 0]

it is not my lawyer i only found this in the net

but how i can make sure now with my visa without getting into trouble , my husband will not be around and i can not do it here in germany anymore without him that is my big problem i have because the consulat explained to me my sponsor is not here anymore and he must sign but he can not , so he has to do it for me in states ?

what he must file ?

how much it will cost

and how long it will take

what about my kids can he also file for them i think not right

thank you for the informations i only posted what i found sorry and i noticed some ppl here on this site you can look it up try it with the VWP way i am not the one who want to be illegal in the states nope and i dont want to be kicked out only of this , for this i love my husband to much