AOS question for relative on VWP (Visa Waiver Program) - Green Card Parent sponsoring child over 21

[Nekz2015 1]

Hello All,

 

I've been trying to research over the internet for this scenario, tried calling USCIS twice and still unable to find an answer.

 

Sponsoring an immediate relative - I know that immediate relatives of a US citizen can enter the US on a VWP (Visa Waiver Program or ESTA) and apply for AOS (Adjustment of Status) using the I-485 together with I-130 (while physically in the US).

 

Can the same scenario be applied for a Green Card Holder (Parent) wanting to bring their immediate relative (specifically child/24 years old & unmarried) via VWP to obtain AOS? Anyone who know or with this kind of experience? 🤭

[Unlockable 7,314]

4 minutes ago, Nekz2015 said:

 

Sponsoring an immediate relative - I know that immediate relatives of a US citizen can enter the US on a VWP (Visa Waiver Program or ESTA) and apply for AOS (Adjustment of Status) using the I-485 together with I-130 (while physically in the US).

 

NO. This is fraud. They can't plan to enter the US and AOS. So they if they are not here already they cannot do it.

 

If they were already here inside the US and something unplanned happened with their circumstance that requires them to stay, they can AOS. But they can't plan it ahead of time.

 

Quote

Can the same scenario be applied for a Green Card Holder (Parent) wanting to bring their immediate relative (specifically child/24 years old & unmarried) via VWP to obtain AOS? Anyone who know or with this kind of experience? 🤭

Nope. Only relatives of American citizens can AOS. And even then it is limited to spouses and underaged children. So any other relative would be stuck here in the US with no immediate means to become legal and eventually become deportable. Even if they have VWP or visitor visa, they would not qualify for AOS. So they would overstay their visa and incur a ban and lose their VWP.

[aleful 1,905]

hi

 

nope because children over 21 aren't considered as immediate relatives. Immediate relatives are spouses, parents and children under 21 of a USC

 

depending o the country of origin, it can take over 6 years of waiting, and even more. 

 

any category that has waiting time under the visa bulletin, isn't considered an immediate relative

 

[HRQX 4,145]

13 minutes ago, Nekz2015 said:

Can the same scenario be applied for a Green Card Holder (Parent) wanting to bring their immediate relative (specifically child/24 years old & unmarried) via VWP to obtain AOS?

No. That relationship does not meet the INA's definition of immediate relative:

• The spouse of a U.S. citizen;
• The unmarried child under 21 years of age of a U.S. citizen; or
• The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).

 

That case is F2B and there's a wait of years for that category. Consular processing is the only path per the info you have provided. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Edited September 30, 2020 by HRQX

[Nekz2015 1]

@Unlockable @aleful @HRQX  Thanks all for the quick responses! All I needed to know! 

[SusieQQQ 11,586]

Even apart from intent, is actually forbidden to adjust status from VWP entry. There is an exception for immediate relatives of USCs.  

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

An alien admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status. [8]Similarly, an alien admitted as a nonimmigrant without a visa to Guam or to the CNMI is barred from adjustment of status. [9] These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen or VAWA-based applicants.

[Demise 1,291]

On 9/30/2020 at 12:59 AM, Nekz2015 said:

Hello All,

 

I've been trying to research over the internet for this scenario, tried calling USCIS twice and still unable to find an answer.

 

Sponsoring an immediate relative - I know that immediate relatives of a US citizen can enter the US on a VWP (Visa Waiver Program or ESTA) and apply for AOS (Adjustment of Status) using the I-485 together with I-130 (while physically in the US).

 

Can the same scenario be applied for a Green Card Holder (Parent) wanting to bring their immediate relative (specifically child/24 years old & unmarried) via VWP to obtain AOS? Anyone who know or with this kind of experience? 🤭

No, AOS from VWP is prohibited by statute (INA 245(c)(4)), except in cases of immediate relatives of US Citizens (Parents, unmarried children under 21, and spouses), there's also a few other exceptions like for those adjusting under 245(i), VAWA self-petitioners, and few others.