onye uwaoma

Onyeuawoma the OP needs to attend individual therapy 5/7 sessions and to have a psychological evaluation done, and of course some tests performed by the psychologist such as BAI,BDI and a test to detect malingering. If he has a diagnose of major depression and /or post-traumatic disorder due the abuse suffered then the part regarding abuse(mental abuse) will be proved without any problem. Extreme cruelty(mental abuse) is recognized as grounds for VAWA protection. We have hundreds of males that had the petition I-360 (VAWA )approved, please read threads part 1,2,3,4,5,6.I had over 150 VAWA cases approved last year and 20% were male.

As an advocate for victims of domestic violence, I focus on the victim well-being and not in the abuser problems since abuse is a choice.I never charged to review VAWA and AOS cases for victims of DV. I am just explaining here before someone jumps saying I am looking for a case, fortunately, I do not need to work to survive, despite I am still working.

Thanks for offering the very important hope needed here...now when he must have done the necessary documentation via therapy then there will be an evidence. I agree there's no excuse for abuse whatsoever.

Dude theres 2 sides to every story, are you willing to put your

marriage B4 friends....yes we need man time but its how its done

& our ability to balance things...why is your wife suddenly insecure,

this is the same person prior to marriage...if you love & want to keep

the relationship healthy , talk to your wife in earnest & seek counseling.

Cultural differences can be a part of the prob. Wives in the US expect

attention & first preference from their spouse, some ppl elsewhere

spend lots of time with friends & leave the little woman home

Not getting along really is not a case for VAWA but you can join that thread

and ask

Absolutely true...always two sides to every story and there's no denying this fact. However, having encountered a similar situation portrayed by the OP, except my ex doesn't drink, I cannot help but believed this story as it is...marriage is meant to be two equal partners and not the other way round...any emotional controlling freak by either party will end up destroying the marriage and whoever the freak is will end up being the abuser...so you can't expect the guy to shut down because the wife is freaking out!

I was married to this, the first time. Attempt counseling. However, if she doesn't accept the idea, or if she doesn't continue with the program, or if she attempts changes that don't endure, leave without looking back.

Spending time in encounters like these inevitably drain our emotional reservoirs south of a healthy level. This is not a partnership, marriage, or relationship.

This is one bitter truth and is one in a million...hopefully the OP take the advice to heart...

Sandranj - thank you for being the voice of reason, as always; I was cringing at some of these responses.

OP, I am sorry if I may have missed this in your posts, but is your wife open to marital counselling or is that just not an option for her? You sound like a calm, rational guy who really wants his marriage to work, which is why I am asking the question.

I was involved with one like that, and there's no salvaging it... Anyone who have had encounter with what OP described here will be asking him to pack and leave the next minute, and this is not paying a lip service as most people would like to hear... Really, any comment that's based on sentiments alone is disservice and not beneficial to those who need it. For anyone feeling disappointed of any sort I have a few questions for ya...have you ever been in an abusive relationship and know exactly how it feels? Secondly, though the OP described an emotional abuse, is there any proof of this for the purpose of immigration? Can he just claimed he was abused by simply telling a story and zoomed past through the process? What is the fuse really about? Truth always hurts and I don't usually expect that most people enjoy swallowing it (the bitter truth)...

Too many friends - and always coming first.

Too many friends+no friend at all=abnormal.

I am appalled by the comments posted here. Many people here blaming the OP for his wife abusive behavior.To excuse the abusive behavior of someone is unacceptable. It's not because someone is bipolar or very jealous that the person is abusive or that the victims have to accept the abuse. Abuse is a choice made by the abuser. The victims should not be blamed, never, ever!. Everyone has a unique story, and no matter what level the abuse inflicted, it is still considered abuse. Clearly all things that the OP said here show that he is a victim physical abuse and extreme cruelty (mental abuse).

A victim reaches out not to be judge, but to ask for help, to obtain some advice, to vent etc., but to attribute any responsibility/fault to the victim regarding the abusive behavior of the spouse is unacceptable as well. I am an advocate for victims of domestic violence for over 25 years, besides being an attorney. I am often invited to give conferences for mental health professionals and shelters around the Country and I want to share something with each one of you here.

-When a victim tells you that she/he is suffering abuse,please DO NOT TELL the victim " talk to your Priest/Pastor/Iman" or " you should start therapy " or " seat and talk to her/him", "do not push her buttons", the right advice is "SEEK A SAFE PLACE TO LIVE!", any other advice please offer when the person is not in danger anymore.

-You do not have to hear the other side of the story to offer help, to give some advice, because when a victim calls the Violence Hotline they do not say " hey I have to hear your spouse side of the story", they say "seek a safe place to stay!.

-When someone calls a shelter seeking help, the shelter does not say " I have to hear what your spouse has to say then I might help you", but they try to accommodate the person looking for a place to stay.

There is a HUGE difference between marital conflicts and abuse, everything the OP described here is considered abuse. Most of the posts here were just bashing the OP and defending his wife. I urge everyone here not to doubt a victim's account EVER and please NEVER MORE say "there are two sides to every story", because when you wait the whole story come out someone can die. The scars from mental cruelty can be as deep and long-lasting as physical abuse. His wife verbal explosions, control, humiliation, threats, isolation, degradation are considered extreme cruelty by USCIS. Sadly, many people may adopt a negative attitude toward a victim based on their own shortcomings, but we have to understand that this is not a helpful or healthy reaction. People have to set up healthy boundaries and not to live pretending that toxic behavior is okay because it's not ok! Society must understand that victim-blaming attitudes is dangerous.

Remember abuse is a conscious choice made by the abuser!

I completely agree with you...and when I said the wife need more help than the OP do I mean real medical diagnosis...but my concern for the OP's immigration journey is that he could hardly pass through just by saying he was abused without any tangible proof of such...again, he should not provoke his wife to the point she reacts in such a way as to make him call the cops on her, knowing her weakness already. We must give complete and honest help to both of them. The wife not having any friend and the husband having so many friends for instance doesn't seem normal. What that tells me is that the wife needs help and whatever that can be offered as a support, but, the OP must endeavor to move out, tread with serious caution with her and discuss his immigration process with her...if she pulls her support, nobody in this forum could complete the process for him. If she agrees to attend the interview together with him, they should not pretend as if their marriage is on the bed of roses... Once again, anybody can claim to be abused and write even a more pathetic story than this if there won't be any required standard of evidence...

My soon to be ex had some problem. Read about boardline personality disorder. If you post your story on bpdfamlies.com moderator and other reader will give you confirmation of this. It is very difficult to live with such people who has bpd issue. Also you need to train yourself to lead a tough life. It is not easy. They will spend all your money and accuse you lot that you are cheating on them. They will accuse you of having affair. And they will behave very childish and very inscure. In short they will drain your life and one day when you stop paying attention on them they will run into other guy and will cheat you. She has serious bpd problem. It is not easy to treat people with bpd. If they regularly visit coucelling and take medication it take years to see improvement. Read book called " walking on eggshell". You will see your own life in that book. Also save your money. Take care buddy.

I agree with you in toto...I was involved with one like that, and there's no salvaging it... Anyone who have had encounter with what OP described here will be asking him to pack and leave the next minute, and this is not paying a lip service as most people would like to hear... Really, any comment that's based on sentiments alone is disservice and not beneficial to those who need it. For anyone feeling disappointed of any sort I have a few questions for ya...have you ever been in an abusive relationship and know exactly how it feels? Secondly, though the OP described an emotional abuse, is there any proof of this for the purpose of immigration? Can he just claimed he was abused by simply telling a story and zoomed past through the process? What is the fuse really about? Truth always hurts and I don't usually expect that most people enjoy swallowing it (the bitter truth)...

I don't think they are even in the ROC stage yet. They are in the AOS process which means that a divorce almost guarantees they have to leave the country. There is no evidence gathering at this stage. I am assuming no green card was issued yet. OP, am I correct?

Sorry...my bad!

Now knowing your wife's weakness and your ordeal with her. I guess she needs more help than you do. Don't push her to the point where you begin to call the cops on her since you never been to that stage before you came to seek help in the forum. You must talk through your immigration process with her at this point. I don't agree vawa will fly without evidence other than what you wrote here...

TBonetx is right! Regarding your need to successfully roc on your green card, tread extremely cautious while moving out; gather all evidence of bona fide marriage in joint names and quietly give peace a chance.... You're probably in the initial stage of something of disastrous consequences in the near future. Nobody can predict the turn of events if you aren't careful enough... in other words, you must guard your countenance and not be rash or easily provoked by your wife hard attitude. This could land you in serious trouble. Make sure you are not planning to add a kid in between. Finally, seek therapy for yourself emotional and psychological healing at anytime. You might not need vawa to roc at least at the moment. Divorce waiver could suffice...good luck!

But what you got is radar. I was not kidding when I said "you're good". You can spot manipulation by how it feels when you see it. Tell me I am wrong. lol. This is something I do know a lot about, but I had broken radar. Yours is good.

This woman in the OP is an example of not trusting radar, or not having it at all. Anything that is amiss: do not explain it away. You're right especially on this matter. It's very much like some cases here on visajourney where certain individuals signed up to ask information about how to game the system. When I spot these posts, I be like sheesh lol...

Walk in with your eyes open. Especially with abuse, if you see any, then run like hell. Do not give chances. Abuse = fail. Well yes of course, a person who abuses you will also set you up to be in the wrong. They have no conscience.

But what you got is radar. I was not kidding when I said "you're good". You can spot manipulation by how it feels when you see it. Tell me I am wrong. lol. This is something I do know a lot about, but I had broken radar. Yours is good.

This woman in the OP is an example of not trusting radar, or not having it at all. Anything that is amiss: do not explain it away.

Walk in with your eyes open. Especially with abuse, if you see any, then run like hell. Do not give chances. Abuse = fail. Well yes of course, a person who abuses you will also set you up to be in the wrong. They have no conscience.

You're right especially on this matter. It's very much like some cases here on visajourney where certain individuals signed up to ask information about how to game the system. When I spot these posts, I be like sheesh lol...

Hey - you're pretty good.

When someone does not answer a simple question and instead attacks the person asking, you have your answer. In this case, notice after you asked what they meant by the term, the answer was to ask YOU what it meant, lol. Answering questions with questions is a key signal we need in our toolkit for understanding what people are up to.

This expression generally means the person is fed up with someone, telling them what a bother they are. Exasperation.

Students at a higher level of understanding manipulation will notice something else: the "solution" offered is not even possible. When you are charged with a crime, you can't even leave your town, let alone go back to your country! So saying to"just" go home (that term "just" is called a minimizer, to make it sound so terribly easy) is like telling them to close their eyes, tap their shoes,and say "there's no place like home" and magically poof themselves into heaven.

Here she is, charged with a crime, fleeing from which is a felony, Telling a person already charged with a crime to commit another felony, as if it were this warm, cheerful opinion - lol. Is this some minor, insignificant detail about the story? That she is currently charged criminally and has no legal right to leave? No, it is pretty much the ENTIRE STORY. This is the very thing about the story that is so awful and in need of such important advice: the fact she is charged with a crime.

So to cut that out of the story, essentially, and make it sound like all they have to do is catch the bus to Disneyland is trivializing their circumstance and making it seem like a bother to even tell people about it. Sheesh. Just shoot your way out of jail already and stop whining ... Have a wonderful day!

You got me blushing with your intelligent expressions right here. Always all the time, it is only a good idea to understand the audience we are trying to get a message across to before we can make any meaningful impact. Again, it is better to read every comment critically so that we can accept good ideas and reject any idea that is inconsistent with reality.

You are the most abrasive people I've encountered here!!! Your response is without the benefit of intellect and as a result I will refrain from responding to any of your responses. Be well

When people are down there should be an uplifting for them and certainly telling someone he/she is not good enough in any language or form is unacceptable. Think of what I am telling you in a light mind and don't feel it's an attack on you. Maybe you can learn one or two things from it.

@Onye Uwaoma: you are as bad reading messages as people I guess. I did not mean to be mean, or as you say "mischievous" by any means. I hope the OP gets my message correctly. I am not mocking her, I was simply stating my opinion and what I would do in her shoe. I didn't say it is the correct decision, I simply shared my opinion on the matter. Everyone is entitled to give their free thoughts across. And it doesn't have to agree with the OP's choice and that is fine. And it certainly does not need to agree with yours. However, you do not have the right to attack people just because they don't share the same opinion as you do, so please don't attack me. Do you know what "sheesh" means by the way? Apparently not.

I did not call the OP by any names, I simply shared what I believe would be the best choice for her IN MY OPINION. Let me repeat, I did not for a second said my decision is the best one and the only one she should follow. She does whatever she wants. She can stay here for all I care. I just simply shared that if I was in this situation what I would do. Being here a foreign for her with her situation (financially, culturally, historically) is not a walk in the park. Please don't attack people who don't happen to agree with your choice, especially where it is clear from my message that I meant no harm or insult to the OP. Please read the messages carefully...they might not reflect your opinion but they doesn't mean they mean any harm.

You stated, "Especially with a situation like yours, where you're at the verge edge of things, your English is not good enough, and have such a bad history. While, you are definitely the victim, not many job places would want to hire someone with such an unstable life situation as yours." How could you relegate her to the background in such a disdain manner?

Sheesh, reading your story...if I were you I would just pack up and go back home. Again, it would be my choice. At home you have friends, and family and speak the language fluently. I know, there are way better life standards and living options here in the US, but I am not sure it would worth it for me. Especially with a situation like yours, where you're at the verge edge of things, your English is not good enough, and have such a bad history. While, you are definitely the victim, not many job places would want to hire someone with such an unstable life situation as yours. I am not judging you, please don't take it that way! Not at all. I feel actually very sad and sorry for you, but I don't know...just somehow to me it seems this whole thing isn't worth as much. I truly wish you the very best in whatever you do. And again, please don't take my note as an insult or anything. It is not meant that way, but certainly over internet things can be read that way. God bless you!

It's obvious you already know you're being mischievous hence your unbridled apologies...and if you were in the shoes of the OP I doubt going back home will be in your card, yet you recklessly conjured it as if to mock this poor victim! I have worked with so many people here who neither speak nor understand English at all, still, the OP writes in English and you apparently understand her story. How can you not show honest support to someone in such a dicey situation? And what does "sheesh" at the beginning of your sentence implies?

hello, Folks.It's my birthday today, lol and I am in Toronto, Canada since last Friday vacationing.I love Canada, it's gorgeous.

Happy belated birthday! Wishing you long life and prosperity in Jesus name, amen!

After almost 3 years 2 interviews and 1 year of that time on AP my husband received a call from the embassy to come back with his passport a new medical and a new police report. I think we may be done. I dont want to get too excited because anything can happen but he has completed his medical and will be picking up his police report and bringing it to the embassy on Friday. I am hoping this will all be done and he can be here with me by his birthday next month. Positive thoughts and prayers are appreciated.

That's a positive thing at this time for you both. They need his passport and medicals because they are ready and willing to approve his visa. Congrats!

You can apply for AOS, but if by chance you get denied, as far as I know, you will not be able to appeal it. Good luck.

That's misinformation...

Honestly its not even about complex law or not but where the person came from. There will be scrutiny and they will need to show evidence of a bonafide relationship. If it happened before he came expect even more scrutiny but in the end he is here and you can see US isn't all that big about deporting over-stayers they have bigger fish to catch that are law breaking criminals. Fair no. He is circumventing the law and he knew it when he came.

Follow the guides for they need a I-130, G325A, I-485, I-751 and I-131, I-693. Basically follow the K1 adjustment and add the I-130

It's $1070 for I-485

$420 - I-130

Medical about $300 and up maybe even more. Good luck with that.

The other forms are free to file if done all in this package.

You have said it all... Thanks for honesty. aaron2020 should also know that I disputed your first post and you never took it personal.

Exactly this isn't someone coming from the UK or Canada. Scrutiny will be great. Especially when they were coming for a conference and stayed. If they knew each other before be ready to show some evidence.

If it was easy we all would be doing it why would we put ourselves through 12 months or more of processing if we could just hope and skip to immigration and pay and get adjustment.

Although tempting there is no guarantee. And adjudicators aren't idiots the "I fee l in love in a week and got married", REALLY!!

You have said it all... Thanks for honesty

He can stay and adjust status, just let him know to be prepared for scrutiny at his AoS interview. Nigeria is a high fraud country so your friend needs to be prepared to address any red flags (if he has any).

Good luck!

About time someone else mentioned the key word ''Scrutiny!'' anybody can choose to stay and that's no news but offering the right advice is important...

He can apply for AOS right away.. It will take 90 days before he gets his EAD and up to 9 months for his interview. Good luck!

Of course like I said earlier it is his call to do what he planned with his visitor's visa. But I refused to water it down like all of you here are doing just to encourage people to come over here with visitor's visa and shopping for a spouse that will connive to adjust under 7 months. I would vet how much was offered to play along first. these are some of the issues that he has to be prepared to defend than merely deceiving him by saying "go on son" no worries hehehe...

Immigration laws are complex. Your advice is wrong. Your understanding of these complex laws is poor. Hehehe. Now, stop screwing with people's lives by giving BS advice.

No! telling the truth the way it is hurts right? Well, laws are generally complex and that's why we ask people to get good lawyers. In the case I researched for you, did you find it interesting that one judge denied the adjustment based on simple facts, but, appeal courts overtuned the judgment based on a variety of facts? Common sense should have taught you that matters of law are complex...since i am not a lawyer i don't brag about what i don't know and i hope you do the same...

Onye Uwaoma,

You are wrong. You don't understand the law.

Did you even bother to research Matter of Batista and Matter of Cavazos?

Stop your BS. The OP's friend can stay and adjust. The law allows it. You simply do not understand the law.

I haven't said he couldn't adjust or he could but you can't just assert that he can adjust without any problems. That's plain sensless... the cases I researched for you explained something obvious, which is the fact that those involved have undisputed family ties to the U.S. they did not hid this fact while applying for the visitor's visa in the first place and you can see there were no underlying frauds as well. What do you understand about marriage for immigration purposes?

He visited as someone coming for conference meeting and decide not to go back to Nigeria.

The case aaron2020 cited was different from your friend's case. If you have time read below info:

Exceptions to the Fraudulent/Preconceived Intent (30/60/90-day Rule) Issue

For aliens who are interested in applying for a non-immigrant visa, there are instances where the alien will encounter the issue of having to prove his/her non-immigrant intent to the USCIS officer. Typically, before a non-immigrant visa applicants application is approved, a consular officer (at the U.S. Consulate/Embassy abroad where the application was submitted) must first determine whether the non-immigrant actually seeks to enter the U.S. permanently. This precaution is taken because under the Immigration and Nationality Act [iNA 214(b), 8 U.S.C. 1184(b)], there is a legal presumption that all persons seeking entry into the United States hope to become permanentresidents. Therefore, in order for the non-immigrant visa application to be adjudicated, the applicant bears the burden of having to prove non-immigrant intent: that he/she (1) has a residence abroad, (2) has no immediate intention of abandoning that residence, and (3) intends to depart the U.S. upon the termination of the visa. These guidelines apply to non-immigrant visa categories, such as: B, F, E, J, M, O-2, Q, and TN. However, the Immigration Act of 1990 exempted H-1, L-1, O-1, K, and P visas from having to prove non-immigrant intent.

The issue that arises for non-immigrant visa holders who may want to apply for a Change of Status or Adjustment of Status is that in doing so, it brings into question whether or not the applicant had a preconceived intent at the time that they were granted their non-immigrant visa; this is the basis for the 30/60 day rule. According to the Department of States Foreign Affairs Manual (9 FAM 40.63, N 4.7), the 30/60-day rule is meant to be used for guidance only, since it is not governed by the statutes or regulations. Thus, it should not be used in a denial. However, as a general rule, a person cannot have preconceived intent to enter the U.S. for a purpose different from that permitted under his/her non-immigrant visa. If an alien files an immigration petition or applies for an adjustment of status within 30 days entry into the United States, the USCIS would likelyfind that the alien entered with fraudulent intent to remain in the U.S. and the non-immigrant visa would be classified as fraudulently obtained under the laws. If the alien applies for a change of status or adjustment of status after 30 days but before 60 days after entry, the USCIS could view the change or adjustment with an assumption that he/she had a preconceived intent to enter as a non-immigrant. However, the assumption may be rebutted by the applicant with evidence showing a change of circumstances.While it is not a guarantee, if the alien applies for the change of status or adjustment status after 60days of entry into the U.S., USCIS may not look upon the application negatively. The best practice regarding non-immigrant visas, however, is to abide by the time restrictions that are allotted on the NIV assigned to the alien. [iNA 214]

Immediate Relatives of US Citizens

Provided the information mentioned above, an interesting questions arises that must be examined: do the issues of immigrant/non-immigrant intent relate to the immediate relatives of United States Citizens? Immediate relatives are a U.S. citizens parents, spouse, and/or unmarried children under the age of 21.

According to two similar appeals cases,the Matter of Battistaand the Matter of Cavazos,filed with the Board of Immigration Appeals (BIA), immediate relatives of United States citizens who wish to apply for a change of status or adjustment of status are exempt from being subjected to the 30/60 day rule mentioned above; thus, immediate relatives of U.S. citizens do not encounter the issues of presumed/preconceived fraudulence. Within the Matter of Battista(and similarly in the Matter of Cavazos) the alien had entered the United States on January 9, 1978 as a non-immigrant visitor for pleasure (B-2 visa), with the intent to visit his family for a short period of time. However, prior to the aliens entry into the U.S. on his B-2 visa, his father had already filed an immigrant petition for his son, under the family based immigration first preference category, and received an approval on April 8, 1974. Therefore, the alien applied for an adjustment of status on February 16, 1978. According to the 30/60day rule mentioned above, the immigration judge denied the aliens application for an adjustment of status on the basis of preconceived intent, citing that the alien had a preconceived intent to remain in the United States permanently.

However, in the aliens appeal of the decision, it was concluded that since the aliens parents, wife, and children are U.S. citizens, he had significant family ties. Furthermore, since the alien had immediate relative status from April 8, 1974, when his visa petition was approved, until November 23, 1976 when he reached the age of 21, his status was automatically converted to that of first preference. Thus, in this scenario, the alien had not violated the 30/60day rule and his application for adjustment of status could not be denied on the basis of preconceived intent. For more examples about the immediate relatives exception to the 30/60-day rule, please see the scenarios below:

Example 1:

Joe is a 19 year old Singaporean citizen who applied for and received a B-2 visa to come to the United States to visit his U.S. citizen father and younger sisters. When Joe entered the U.S. on February 1, 2012, he had only intended to stay for a short period of time so that he could spend time with his father and celebrate his 50thbirthday. However, on March 15, 2012, Joe decided that he really enjoyed spending time with his family here in the United States; therefore, Joe decided to file for an adjustment of status through family based immigration. Generally, Joes application for an adjustment of status would be denied on the bases of preconceived intent because a USCIS officer may assume that Joe entered the United States on the B-2 visa, with the preconceived intent to immigrate to the United States. However, since Joe is the immediate relative of a United States citizen, he has significant family ties within the U.S. Therefore, Joe would be exempt to the 30/60 day rule and his adjustment of status application could not be denied on the basis of preconceived intent.

Example 2:

Jane isa Chinese citizen who currently lives in Beijing. Jane has a son, Bill, who is a U.S. citizen and lives in Texas. After speaking with her son, Jane decided that she would like to immigrate to the United States so that she could spend more time with her son. Therefore, Bill filed Form I-130, Petition for Alien Relative, so that his mother could immigrate to the United States through Consular Processing at the U.S. consulate in Guangzhou, China. Once the immigration petition is approved and all of the necessary forms are completed, Jane will go to the U.S. Consulate to apply for her immigrant visa. Since Jane is Bills mother, she will not be subject to any numerical restrictions, she is considered Bills immediate relative. Furthermore, Jane will not have to worry about the 30/60-day rule because the guideline does not apply to aliens who are the beneficiaries of I-130 petitions; the rule only applies to those who have been granted a non-dual intent, non-immigrant visawho wish to apply for a change of status or adjustment of status.

Exceptions for participants in the Visa Waiver Program (VWP)

While the immediate relatives of U.S. citizens are afforded the advantage of being exempt to the 30/60-day rule detailed above, the immediate relatives are also eligible for another rule exception: the ability to file for an adjustment of status through the Visa Waiver Program. Although the two areas of immigration law may appear to be disjointed, it is important to note that they both fall under the Family Based Immigration umbrella.

The Visa Waiver Program (VWP) allows nationals of 36 participating countries to travel to the United States for tourism or business for 90 days or less without having to obtain a visa. The program was established to eliminate unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so. Nationals of VWP countries must meet eligibility requirements to travel without a visa on VWP, and therefore, some travelers from VWP countries are not eligible to use the program. VWP travelers are required to have valid authorization through the Electronic System for Travel Authorization (ESTA) prior to travel, are screened at the port of entry into the United States, and are enrolled in the Department of Homeland Securitys US-VISIT program.

Usually an alien who enters on VWP cannot file for an adjustment status to lawful permanent resident status (green card holder) or change status to another non-immigrant status while in the U.S. By entering on VWP, the alien certifies to the Customs and Border Protection agent who admits you that you do not intend to stay in the U.S. If you intend to stay in the U.S., you are considered ineligible for the VWP and should seek the appropriate visa from the U.S. consulate in your country.

The exception to this is for immediate relatives of U.S. citizens who are the beneficiaries of an immediate-relative petition and file an adjustment of status application within the 90 day authorized period. [iNA 245©(4)]. Sometimes, after people arrive in the U.S. on VWP, they might change their minds and decide they want to stay permanently with their U.S. citizen family member. If you are in the U.S. based only on the VWP, then you can file for a green card based on the following three conditions: marriage to a U.S. citizen, being the child of a U.S. citizen (under 21 years old and unmarried), or being the parent of a U.S. citizen, and the U.S. citizen child who petitions for you must be 21 years or older (these three bases together is called the immediate relatives category).

Example: Sara lives in England. Dan lives in Chicago and is a U.S. Citizen. Sara and Dan have been dating for 2 years, and Sara often comes to Chicago to visit Dan, never staying for more than 90 days. During one of Saras trips to Chicago, Dan proposes and Sara says yes. Sara and Dan would be able to get married right away and as a result of the marriage, Sara would be able to apply for an adjustment of status so she could remain in the U.S. Furthermore, Sara can file her adjustment of status at the same time that Dan files the immigration petition (I-130) petition for her within 90 days of herarrival at the US.

Furthermore, it should be noted that although it is best for the alien to file his/her adjustment of status application within the 90 day authorized period, an immediate relative of a U.S. citizens AOS application submitted after the VWP validity period will not be denied due to them being out of status, so long as the alien is otherwise eligible for the AOS application. [uSCIS Field Operators Directorate][8 C.F.R. 1208.2©(3)(i)]For all other kinds of green card applications, you will still have to go through the consulate in your country after the initial petition has been approved by the USCIS.

As illustrated above, the immediate relatives of United States citizens are afforded certain advantages under immigration law. Whereas most aliens who come to the United States and wish to apply for an adjustment of status or change of status are subject to the 30/60-day rule, immediate relatives of US citizens are exempted from the burden of having to prove that they did not have a preconceived intent to immigrate. Furthermore, the immediate relatives are also able to circumvent the governance that prevents aliens visiting the United States as a part of the Visa Waiver Program, due to them having significant family ties in the United States.

Author: Cameron Allison (cameron.allison@hooyou.com)

For more information about Family-Based Immigration, please click the following topics:

Family based immigration

Exceptions to the Fraudulent/Preconceived Intent (30/60/90-day Rule) Issue

Frequently asked questions about family based immigration

Attorney Fees

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