Possible to attain B2 while on VWP in United States

[NigeriaorBust 4,087]

Applying for her to adjust after an overstay is risky , there is a probability that it would be denied if proper support ( read as health insurance ) can't be provided, there would be no appeal at that point and the mother would then be banned from the US and never eligable for VWP entry again and unlikely ever to get a visitors visa due to her overstay.

[Ban Hammer 13,498]

one post removed for tos violation:

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

one post removed for quoting that post and returned below minus the quoted portion.

If she is already in the US and he is not already a US citizen, it is unlikely that it would be done in time for her to adjust status while still legally present in the US (i.e., in less than 90 days). Plus, there is no guarantee that the AOS would be approved. It is, in fact, legally impossible to do a status adjustment from the VWP. However, USCIS approves it for spouses of US citizens; I don't think they automatically do so for other visa categories, including IR5s. If it isn't approved, them she can't use the VWP any more -- even further limiting the options. Since her use of the VWP is already being questioned at the POE, I think a B2 visa is the best idea available at this time. While getting to London might not be the easiest thing for her, especially right now, I think the visa officers would not make things too difficult for her, given her situation.

And, sorry for not starting with this -- please accept condolences on the loss of your father for both you and your mother.

[Boiler 45,979]

OP posted and as not been back.

[Darnell 8,479]

Charles got there in the end, though, even a month later. Is OK! [la ]