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My friend arrived from Spain 19 months ago. Can she adjust status?

Bronx, NY |

My friend arrived from spain with euporean passport under the ESTA. She is in a real relationship and plans to marry next month. I have a curiosity as I read once in printed newspaper in new York that people under the visa waiver program have only three months of stay in USA and not only this but that also they cannot adjust status in the united states. please, my friend will greatly appreciate this information (she told me that she has a friend in her same situation and that married after 3 years of coming from spain, and that she is already a permanent resident). Thanks.

Attorney Answers 7

  1. Do not be curious. It is her life not yours. Advice her to seek legal consultation with an immigration attorney here in the City. It would be in her best interest.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

  2. Your friend can seek adjustment if status once she married. USCIS changed the policy regarding adjustment of status for visa waiver entrants. However, if the case is not approved, she will not be able to renew the application in removal proceedings so it would be in her interest to retain an attorney.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

  3. You're probably referring to the Bradley case in the third circuit which New York Times did an article on. The current USCIS policy on adjustment of status for Visa waiver entries is that they may adjust status if they married a US citizen. However, if the application is denied they will be removed from the United States without hearing before an immigration judge. Therefore, it is extremely important that the individual speak to a experienced immigration attorney to properly review the matter and file the case with the immigration authorities to make sure that the adjustment of status is approved.

    Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.

  4. Your friend should consult an immigration attorney. She may not have told you the full story.

    The Murray Law Firm
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    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website:

  5. Do not nurse morbid curiosities, instead, guide your friend to have all the questions responded by a licensed, experienced legitimate attorney in the area. That will be the most appropriate legal start.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602

  6. She can marry a USC and adjust status. There are possible timing issues and other reasons to consider consulting an attorney in New York before filing the case. There are great attorneys in NYC, she should have no problem finding one on Avvo.

    Due to the nature of this forum, I often do not have all the information required to provide legal advice. Accordingly, my responses on Avvo are intended as general and not legal advice.

  7. What you read is correct, with one exception, and that is that one marries a US citizen. That being said, this should be discussed in greater detail with an immigration attorney.

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