From expired ESTA to green card?

[NataBubu 52]

Hello everybody, I have serious question. My friend came to USA seven years ago on ESTA visa (90days)... and he is still here. He did not get married or anything, or applied since than for any kind of visa. Is it possible,  on any way, for him to adjust status, and get green card? 

[Loren Y 2,755]

Find a US citizen to get married to and then file for AOS. This would be the easiest way, as is he is facing at least a 10 year ban if he leaves. Or, do the right thing, Man up, leave voluntarily, wait 10 years and apply for another visa ( Chance of him receiving another visa is .00001 percent), but that is the only real 2 options that come to mind right away. there may be other ways with waivers and other things as he was technically inspected on entry by arriving on a ESTA ( Not hopping the border), but I do not have enough knowledge to suggest anything else.

Edited October 19, 2020 by Loren Y

[SusieQQQ 11,586]

Only way is by marrying a US citizen (I am assuming he does not have a USC child over 21) No other category other than immediate relative can adjust from being out of status. Remember though marrying just for a green card is immigration fraud and can carry a prison sentence, fine up to $250k and lifetime ban from the US. So if he does not have a genuine relationship with a USC heading that way, it’s time to face the music and go home.

[mushroomspore 3,044]

23 minutes ago, NataBubu said:

Hello everybody, I have serious question. My friend came to USA seven years ago on ESTA visa (90days)... and he is still here. He did not get married or anything, or applied since than for any kind of visa. Is it possible,  on any way, for him to adjust status, and get green card? 

Nope. Best route would be for him to leave and not return until his ban is done. 

[Murph4865 597]

This is the reason why the US Gov is cracking down on this stuff cause of people like him not doing it the correct way, when the rest of us are doing it correctly.  I can almost say he sends most of what money he makes here is sent back home,  just udderly sad people have to do this to better themselves and be so selfish cause eventually it hurts everyone doing it legally i despise people like him. 

[Lucky2Lucky 2,526]

No. Unfortunately he has consequences for his overstay. I will not entertain the idea to get married to a US citizen since you clearly stated he is a friend who is not married. 

[Unlockable 7,315]

52 minutes ago, NataBubu said:

Hello everybody, I have serious question. My friend came to USA seven years ago on ESTA visa (90days)... and he is still here. He did not get married or anything, or applied since than for any kind of visa. Is it possible,  on any way, for him to adjust status, and get green card? 

NO. People are not granted green cards simply by being here a long time. He would have to find a qualifying relative like a spouse to apply for him. That is the only way. In the meantime, he is deemed deportable.

[aaron2020 11,651]

1 hour ago, NataBubu said:

Hello everybody, I have serious question. My friend came to USA seven years ago on ESTA visa (90days)... and he is still here. He did not get married or anything, or applied since than for any kind of visa. Is it possible,  on any way, for him to adjust status, and get green card? 

Only possible way is marriage to a US citizen.  

[JFH 12,190]

There’s no option to adjust status just because you have made yourself comfortable here. Permanent residency is reserved for those who have a valid path. Your friend does not, from what you have said. 
 

You can’t always get what you want. 

[Orangesapples 1,954]

11 hours ago, Murph4865 said:

This is the reason why the US Gov is cracking down on this stuff cause of people like him not doing it the correct way, when the rest of us are doing it correctly.  I can almost say he sends most of what money he makes here is sent back home,  just udderly sad people have to do this to better themselves and be so selfish cause eventually it hurts everyone doing it legally i despise people like him. 

Since he came on an ESTA, I doubt he's from an impoverished country and that he can make better money here working illegally than back home. 

 

And I doubt his life is great here. 

[Murph4865 597]

1 hour ago, Orangesapples said:

Since he came on an ESTA, I doubt he's from an impoverished country and that he can make better money here working illegally than back home. 

 

And I doubt his life is great here. 

Does not matter, he over stayed by a very long time. He knew what he was doing.

[SusieQQQ 11,586]

1 hour ago, Orangesapples said:

Since he came on an ESTA, I doubt he's from an impoverished country and that he can make better money here working illegally than back home. 

 

And I doubt his life is great here. 

You’d be amazed at the choices people make. I met an overstayed college graduate (in STEM) from the UK who was working in a camera store (yes this was a while ago lol) in Santa Monica and staying long term in a hostel type arrangement in Venice, because he preferred the laid back beach lifestyle to working his butt off for more $$ in rainy England.

 

7 minutes ago, Murph4865 said:

Does not matter, he over stayed by a very long time. He knew what he was doing.

This. 

[Adventine 3,201]

It's people like your friend who make it harder for everyone else who are doing things the legal way.

[Orangesapples 1,954]

1 hour ago, SusieQQQ said:

You’d be amazed at the choices people make. I met an overstayed college graduate (in STEM) from the UK who was working in a camera store (yes this was a while ago lol) in Santa Monica and staying long term in a hostel type arrangement in Venice, because he preferred the laid back beach lifestyle to working his butt off for more $$ in rainy England.

 

This. 

How long can this go on for? One day he'll need to grow up. And he can basically never go home for a the holidays. 

 

I have no idea why anyone would choose this. 

[Just Paul 4,595]

So he is also working without authorization?  Doesn't sound like he needs to be "rewarded" with a green card.