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