Adjusting status if currently visiting US

[healthteacher 18]

hi,

My wife's adult unmarried daughter visits us every year for 2-3 months on a VWP.

Her daughter also has an approved I-130 and is planning to do consular processing when the time comes in a few more years.

If she happens to be in the US visiting us at the same time the visa becomes available, would she then be eligible to just adjust status while here in the US?

Wife would be a US citizen.

thanks!

[geowrian 22,337]

She cannot enter with intent to adjust status. She will need to complete consular processing abroad when her time comes.

[NikLR 13,230]

If she happens to be in the usa at that time coincidentally then yes but otherwise it cannot be planned. 

[SalishSea 17,980]

Jump ahead in the queue while others wait their turn?  Since she already has immigration intent, it would be fraudulent.

[SusieQQQ 11,587]

AFAIK only immediate relatives can adjust status from VWP anyway, regardless of intent considerations? So she can’t. 

[WeGuyGal 1,052]

If she comes on a 2.3 month visit, easy to return home and CP. Entry on VWP requires a return ticket, and she ought to use the return part of that ticket. 

[SusieQQQ 11,587]

Yup, here it is:

A section 245(c)(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens.

 

https://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

 

 

 

 

[WeGuyGal 1,052]

Going through OP's previous threads.. his wife tried to AOS on VWP, had to exit the US, asked about CR1, but returned on VWP, and AOSed years back. 

[SusieQQQ 11,587]

Just now, WeGuyGal said:

Going through OP's previous threads.. his wife tried to AOS on VWP, had to exit the US, asked about CR1, but returned on VWP, and AOSed years back. 

Which she could do as an IR, but the daughter can’t. 

[JFH 12,190]

What would even be the point?

 

If the visa number is available (PD is current) then all she has to do is the NVC part (takes a few weeks at most, she's had long enough to prepare for it) and then the medical and off to the London embassy for an interview. Currently (and I don't see things changing much) it takes about 6 weeks from 'case complete' at NVC to interview in London. There is virtually no waiting time due to the fact that the vast majority of people in the UK are eligible for the VWP (so no B-2 interviews) and very few people - comparatively speaking - immigrate here from the UK. So let's say that whole process takes 3 or 4 months. And that's it. Immigrant visa in hand, fly to US, green card holder immediately on arrival.

 

Whereas AOS is currently taking 14 months and more. Possibly even longer then. Maybe it will have been completely stopped by then. AP and EAD are taking around 6 months. That's 6 months of not being able to work or leave the country. Possibly not even able to drive. Compared to 3 or 4 months of consular processing and full status upon arrival. I fail to see the logic. It's an adult daughter, not a spouse. So it's not a case of 'can't bear to apart for another second'.

[WeGuyGal 1,052]

2 hours ago, SusieQQQ said:

Which she could do as an IR, but the daughter can’t. 

Point was, OP appeared interested in AOS for beneficiaries back then, and now (even if hypothetically). 

[SusieQQQ 11,587]

30 minutes ago, WeGuyGal said:

Point was, OP appeared interested in AOS for beneficiaries back then, and now (even if hypothetically). 

Well the answer to this particular question, hypothetical or not, is an unequivocal no. No ifs ands or buts around intent etc. just , no.

[healthteacher 18]

hi SusieQQQ-

Thanks for a factual answer to my hypothetical question. I was unaware that an adult daughter is not even considered an immediate relative, unlike a spouse.

[healthteacher 18]

Also thanks to JFH for pointing out that consular processing would be faster anyway.

Thanks for all the attempts to answer the question, but the only correct answer was SusieQQQ- a flat out  NO!

[WeGuyGal 1,052]

10 hours ago, SusieQQQ said:

Well the answer to this particular question, hypothetical or not, is an unequivocal no. No ifs ands or buts around intent etc. just , no.

Agreed

 

Numerous hypotheticals by OP