Can a permanent resident spouse come to the USA on an esta visa and stay while AOS?

[Pinkclouds 3]

I've read this - https://www.uscis.gov/family/family-of-green-card-holders-permanent-residents

 

It states that I would need to "Provide proof of your status to demonstrate that you are a permanent resident."

 

However I have been out of the country now for 1 year and 5 months. I am trying to come back before 1 year and 8 months. 

 

I would be bringing back my newborn child, which I have read I have 2 years to do so, from the date I left the country. 

 

The link I have linked states that as a permanent resident, I can petition/apply for my spouse. 

 

But further down it also states- 

 

"If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status."

 

What does it mean by legally? Does this mean if my spouse entered into America on an esta visa, I could petition AOS and could stay here until a decision is made? 

 

 

[Crazy Cat 39,285]

14 minutes ago, Pinkclouds said:

Does this mean if my spouse entered into America on an esta visa, I could petition AOS and could stay here until a decision is made? 

Where is your spouse right now?  Unless your spouse is ALREADY in the US, Adjustment of Staus is not available to him/her.  I assume your spouse is also outside the US with you right now.  If so, Adjustment of Status is not an option. 

Edited September 3, 2022 by Crazy Cat

[Boiler 43,462]

How have you maintained your permanent residency 

[Pinkclouds 3]

I haven't, how long would it take for my residency to be considered "maintained"?

[Pinkclouds 3]

If my spouse was already in the US on an esta, would we be able to AOS?

 

Or would the spouse have to be on a different type of visa?

[Crazy Cat 39,285]

Just now, Pinkclouds said:

If my spouse was already in the US on an esta, would we be able to AOS?

 

Or would the spouse have to be on a different type of visa?

Since you are a Green Card holder, Adjustment of Status from VWP/ESTA for your spouse is prohibited.  

[Boiler 43,462]

I would be more concerned about your residency you have been gone a lot longer than 6 months

[Crazy Cat 39,285]

32 minutes ago, Pinkclouds said:

I would be bringing back my newborn child, which I have read I have 2 years to do so, from the date I left the country. 

I am unaware of that law. Please provide a refence for that.

Edited September 3, 2022 by Crazy Cat

[Pinkclouds 3]

I see thanks, so regarding the link. What is it referring to when it says if a family member is in the states legally, they can stay and apply for AOS?

 

What and who would this apply to? What does is not state that it is prohibited? I'm not trying to question your comment, I'm just trying to understand why it doesn't state this?

 

Edited September 3, 2022 by Pinkclouds

[Pinkclouds 3]

1 minute ago, Crazy Cat said:

Please provide a refence for that.

Look it up, it is allowed.

6 minutes ago, Boiler said:

I would be more concerned about your residency you have been gone a lot longer than 6 months

Boiler we have messaged about my situation before

[Crazy Cat 39,285]

10 minutes ago, Pinkclouds said:

What does is not state that it is prohibited?

Look it up.  It's a condition of VWP entry.

Edited September 3, 2022 by Crazy Cat

[Crazy Cat 39,285]

One condition of ESTA/VWP is that Adjustment of Status is not allowed.  That applies to everyone other than immediate relatives of US citizens.

[Crazy Cat 39,285]

 

Chapter 7 - Other Barred Adjustment Applicants | USCIS

[Crazy Cat 39,285]

1 minute ago, Pinkclouds said:

f you are going to be unhelpful, please do not reply to my thread.

We are all free to comment....and we are all free to ignore comments.  It is a violation of the terms of service to tell others not to comment.

[Crazy Cat 39,285]

51 minutes ago, Pinkclouds said:

I would be bringing back my newborn child, which I have read I have 2 years to do so, from the date I left the country. 

I'm interested in learning more about this.  Can you point me to a source?