ESTA Visa Adjustment of Status: Everything You Need to Know

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When applying for a visa to the United States, many travelers wonder about the possibility of changing their status while in the country. Specifically, those entering the US under the Visa Waiver Program (VWP) and approved for ESTA (Electronic System for Travel Authorization) may ask: Can I change my status or apply for a different visa while in the United States on an ESTA? The process of transitioning from one visa status to another, including from an ESTA to another visa category, is known as Adjustment of Status (AOS).

This article provides detailed information about ESTA visa adjustment of status, the requirements, and what you need to know about transitioning from ESTA to another visa status while in the United States.

What is ESTA?

Before we dive into the adjustment of status process, let’s first understand what ESTA is. The ESTA is an electronic system that allows nationals from certain Visa Waiver Program (VWP) countries to travel to the United States without needing to obtain a traditional visa. ESTA is used for tourism, business, or transit purposes and allows stays of up to 90 days.

The Visa Waiver Program allows travelers from eligible countries to enter the US without obtaining a visa, but they are still required to obtain ESTA approval before their journey. While the ESTA is valid for multiple entries, the length of stay cannot exceed 90 days per visit.

What is Adjustment of Status (AOS)?

Adjustment of Status (AOS) refers to the process of applying to change your immigration status from a temporary visa to a permanent resident status (i.e., a green card). For example, if you entered the United States on a tourist visa, you can apply for an AOS to change your status and obtain a green card without needing to return to your home country.

The Adjustment of Status process is an option available for certain individuals who are already in the US and wish to change their status to a different visa category or obtain permanent residency.

Can I Adjust My Status While on ESTA?

Now, the key question is: Can I apply for adjustment of status while on ESTA?

The answer is yes, but there are important conditions and factors to consider:

Start your application process today and apply for your visa online quickly and easily.

  1. Eligibility for Adjustment of Status: While in the US on an ESTA, you may apply for Adjustment of Status if you are eligible for another visa or green card category. For instance, if you are married to a US citizen or if you qualify through an employer (e.g., an employment-based green card), you may be able to apply for an AOS. However, the ESTA itself is not designed for individuals seeking permanent residency. Your eligibility will depend on the type of visa or green card you are applying for.

  2. Intent to Immigrate: When entering the US on an ESTA, you are declaring that you intend to stay in the US temporarily. ESTA is a non-immigrant visa, which means it is typically used for short-term stays for purposes like tourism, business, or transit. If you enter the US on ESTA with the intent to immigrate or adjust your status (i.e., apply for a green card), it may raise questions of visa fraud or misrepresentation, as ESTA is not meant for immigrants.

  3. Timing: Typically, if you enter the US on an ESTA, you are expected to leave within 90 days. Adjustment of Status is not a process that should be started immediately upon arrival in the US. It is best to wait until you have established eligibility for a status change before applying for an AOS. If you file for AOS while still on your ESTA, you might be at risk of overstaying your permitted time in the US if the process takes longer than expected.

  4. Immigrant Petition: If you wish to apply for an adjustment of status, your application will need to be based on an eligible immigrant petition, such as a family-based petition (e.g., marriage to a US citizen) or an employment-based petition. Without a valid petition or basis for permanent residency, you cannot apply for AOS.

  5. Overstaying and Overcoming Issues: If you overstay your ESTA beyond the permitted 90 days, it may complicate your Adjustment of Status application. If you overstay for more than 180 days, you risk being barred from reentering the US for several years. It’s important to follow the rules and make sure your AOS application does not conflict with your ESTA status.

Steps for ESTA Adjustment of Status

If you are in the US on an ESTA and meet the eligibility requirements, you may pursue Adjustment of Status. Here are the typical steps involved in applying for AOS while on an ESTA:

  1. Confirm Eligibility: Ensure that you meet the eligibility criteria for Adjustment of Status. For example, if you are married to a US citizen, you may be able to apply for AOS under a family-based category.

    Start your application process today and apply for your visa online quickly and easily.

  2. File Immigrant Petition (if required): In most cases, an immigrant petition must be filed before you can adjust your status. This may include a Form I-130 (Petition for Alien Relative) if you are applying through a family relationship or a Form I-140 (Immigrant Petition for Alien Worker) if you are applying for an employment-based green card.

  3. File Form I-485 (Application to Adjust Status): Once your immigrant petition is approved (if applicable), you can file Form I-485 to apply for Adjustment of Status. This form is submitted to the US Citizenship and Immigration Services (USCIS).

  4. Wait for Decision: After submitting your application, you will need to wait for the USCIS to review your case. This process may take several months, and during this time, you must remain in the US and not leave the country unless authorized to do so.

  5. Attend an Interview (if required): As part of the AOS process, you may be required to attend an interview with a USCIS officer. Be prepared to provide supporting documents, such as proof of your relationship with a US citizen or evidence of your employment.

Important Considerations

  • Consult with an Immigration Lawyer: Navigating the Adjustment of Status process can be complex, especially when applying from an ESTA status. Consulting with an immigration attorney can help ensure that you meet all the eligibility requirements and avoid issues that could complicate your application.

  • Beware of Overstaying: One of the key risks of pursuing AOS from ESTA is overstaying your permitted 90-day stay. If your application for Adjustment of Status is delayed or denied, and you remain in the US beyond the allowed period, you could face penalties, including future immigration restrictions.

  • Timing is Crucial: Be sure to apply for Adjustment of Status only when you have a legitimate basis for the change of status. Filing too early, or with the wrong intentions, could jeopardize your future immigration opportunities.

    Start your application process today and apply for your visa online quickly and easily.

Final Thoughts on ESTA Visa Adjustment of Status

If you are in the US on an ESTA and wish to apply for an Adjustment of Status, it is crucial to understand the rules and conditions surrounding the process. While it is possible to transition from ESTA to another visa status or permanent residency, it must be done carefully and in accordance with US immigration laws.

For those seeking to adjust their status, it is highly recommended to consult with a qualified immigration attorney to ensure that you meet all the requirements and avoid complications during the process.

Start Your ESTA and Visa Process Today!

Ready to apply for your ESTA or Adjustment of Status? Ensure you follow the correct process for your visa and immigration needs.

CLICK HERE to begin your ESTA application or find out more about visa adjustment options to the United States.

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