Any Options for ESTA visa extension?

[HavocTheDogsofWar 0]

My (US citizen) wife (also US citizen via naturalization) and I recently had a baby boy and her mother flew from Taiwan to the US to help us out. My mother-in-law entered the US on an ESTA / VWP. At the time, we planned we would be applying for an extension of the visa, but did not realize this is not readily possible after entering under the VWP.  Now we think we’re screwed. We had planned for her to stay for ~6 months. 
 

We understand she is eligible to apply for Permanent Residency but there are multiple issues. While she never intended to enter on an ESTA and apply for a green card, it will likely be presumed that way by immigration. Second, she does not want to stay for 6 months out of the next 5 years to maintain permanent residency prior to naturalization. Our plan had been once my wife’s parents were too old to take care of themselves, they could live with us and eventually naturalize if it made sense. 
 

Do we have any good options. I wish we knew this was an issue prior to her entering under the ESTA as we would have just got a B-2, easy enough. 
 

Thanks in advance!

[SalishSea 18,236]

19 minutes ago, HavocTheDogsofWar said:

My (US citizen) wife (also US citizen via naturalization) and I recently had a baby boy and her mother flew from Taiwan to the US to help us out. My mother-in-law entered the US on an ESTA / VWP. At the time, we planned we would be applying for an extension of the visa, but did not realize this is not readily possible after entering under the VWP.  Now we think we’re screwed. We had planned for her to stay for ~6 months. 
 

We understand she is eligible to apply for Permanent Residency but there are multiple issues. While she never intended to enter on an ESTA and apply for a green card, it will likely be presumed that way by immigration. Second, she does not want to stay for 6 months out of the next 5 years to maintain permanent residency prior to naturalization. Our plan had been once my wife’s parents were too old to take care of themselves, they could live with us and eventually naturalize if it made sense. 
 

Do we have any good options. I wish we knew this was an issue prior to her entering under the ESTA as we would have just got a B-2, easy enough. 
 

Thanks in advance!

ESTA is not a visa, and the length of stay cannot be extended.   Strongly recommend your MIL leaves before her 90 days is up, so that she doesn't risk her future ability to visit.

 

And yes, if she only wants to visit and not yet move here, adjusting status/immigrant visa is not a good option.

[powerpuff 6,748]

~~ Topic moved from AOS work/tourist/student visas to Tourist Visas as AOS is not a feasible/desirable option ~~
 

Your only option is for your MIL to depart before the 90 days are up if she doesn’t want her ESTA permanently revoked, which makes subsequent B2 chances very slim. So, no there are no extension options.

Edited August 9, 2022 by powerpuff