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Ares

Conflicting Opinion on VWP

By Ares in Adjustment of Status from Work, Student, & Tourist Visas

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Ares Apprentice

Ares   1

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted (edited)

http://www.uscis.gov/visit-united-states/change-my-nonimmigrant-status-category/change-my-nonimmigrant-status

In general, you may apply to change your nonimmigrant status if you were lawfully admitted to the United States with a nonimmigrant visa, your nonimmigrant status remains valid, you have not violated the conditions of your status, and you have not committed any crimes that would make you ineligible.

Someone help me clarify here as reading through the forum gives me conflicting answers.

According to the quote above, from the USCIS site, one is eligible for an AoS IF the person comes to the US with a nonimmigrant visa.

Thus, correct me if I'm wrong, if the person enters the US with the VWP, then the said person cannot apply for an AoS - no matter the circumstance?

Edited by Ares
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cristina16 Proficient

cristina16   81

Posted
Filed: AOS (pnd) Country: Philippines
 Timeline
Posted

http://www.uscis.gov/visit-united-states/change-my-nonimmigrant-status-category/change-my-nonimmigrant-status

Someone help me clarify here as reading through the forum gives me conflicting answers.

According to the quote above, from the USCIS site, one is eligible for an AoS IF the person comes to the US with a nonimmigrant visa.

Thus, correct me if I'm wrong, if the person enters the US with the VWP, then the said person cannot apply for an AoS - no matter the circumstance? - He can.

AOS/ AED/ AP:

(California Service Center, Chula Vista, San Diego, CA)

Filed: Aug 29

Receipt Date: Sept 2

NOA 1 Date: Sept 12 (received text/email)

NOA 1 copy rcvd: Sept 16

Biometrics Notice Date: Sept 17, received Sept 24

Biometrics Sched: Oct 5

Successful walk-in: Sept 26

Oct 13- Case ready to be scheduled for interview

EAD/AP approved - Nov. 1/2 / Received EAD/ AP Combo Card- Nov. 15

50days from NOA1/ 64 days from receipt date.

January 30-  USCIS Ap update, Interview sched on March 3, 2017

Jan 31 - received USCIS letter/ Notice for interview 

March 3- Interview, approved on the Spot

March 8 - received GC

Dec 2018 - To file ROC

 

My Blogs:

I-129F Petition Process

Medical Requirements

Medical Exam Experience

US Embassy Manila K1/K2 Interview Preparation Requirements and Instructions

Interview (K1 with 2 K2s)

CFO Guidance and Counseling (applicable to applicant from Philippines only)

My K1 Visa Journey

8 August 2015 - Sent I-129F Packet thru USPS

17 August 2015 - I -797C Notice date

20 August 2015 - Received printed copy of NOA1 dated Aug 17.

2 September 2015 - APPROVED! (14 working days from receipt date)

Dec. 21-22 - Medical DONE!

Jan 11, 2016 - Interview- APPROVED!

Jan 15 - Visa ISSUED!

Jan 21 - VISA ON HAND! (8 working days from interview)

March 21 - CFO / PDOS for K2s

June 1, 2016 - POE

July 18, 2016 - Married

I am his and he is mine from this day until the end of my days..

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newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted

http://www.uscis.gov/visit-united-states/change-my-nonimmigrant-status-category/change-my-nonimmigrant-status

Someone help me clarify here as reading through the forum gives me conflicting answers.

According to the quote above, from the USCIS site, one is eligible for an AoS IF the person comes to the US with a nonimmigrant visa.

Thus, correct me if I'm wrong, if the person enters the US with the VWP, then the said person cannot apply for an AoS - no matter the circumstance?

They are talking about "Change of Status", which is completely different from "Adjustment of Status". Change of Status means changing into another nonimmigrant status.

Someone who entered on VWP is not eligible for AOS unless they are in the Immediate Relative category (spouse, minor child, or parent of US citizen).

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Ontarkie Grand Master

Ontarkie   13,904

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Moved to AOS from Work, Student & Tourist Visas, from AOS Family- The OP is asking AOS on VWP~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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JFH Grand Master

JFH   12,189

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

The main factor is intent. An immediate relative may adjust if they arrive using the VWP BUT only if there was no intent to stay when they arrived.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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