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rosie's baby

Questions at parent interview

By rosie's baby in Bringing Family Members of US Citizens to America

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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VWP is OK, there are some that are not.

Most legal entries are OK, sometimes people with complicated US presence history have issues that slip by and then rear their head when immigrating.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Dakine10 Mentor

Dakine10   5,452

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Filed: Other Country: Russia
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VWP is OK, there are some that are not.

Most legal entries are OK, sometimes people with complicated US presence history have issues that slip by and then rear their head when immigrating.

Best not to have any unexpected issues arise if adjusting from a VWP entry.

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Dakine10 Mentor

Dakine10   5,452

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Filed: Other Country: Russia
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I don't really understand what you mean by unexpected issues. Could you clarify?

It's relatively safe to adjust from the VWP as an immediate relative nowadays even with an overstay. For most it's no different than adjusting from B1/B2. Occasionally though, something such as ineligibility doesn't come up until the AOS interview. I'm not sure what district you are in, but in general, if something happens that causes the AOS to be denied, you may not be able to appeal the decision or have any other recourse because of the VWP entry.

I am not saying you will have any issues, just that you should make sure ahead of time and be sure that you don't. If there is a problem, you do not want to find out about it at your AOS interview. Your immigration history is not as straight forward as someone who just entered on the VWP and files for adjustment. As you said you have previously applied for E2, withdrew that application, applied for B1, adjusted to E2 and then had the E2 revoked. IMO, it's probably worth running everything by an immigration attorney before you file to make sure there are no surprises.

Edited by Dakine10

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