I entered the USA in Nov 2011 with a VWP.I'm scheduled to return in France in Jan 2012 but I just received a letter from the USCIS saying that my I.130 has been approved.I want to know if I can ask for an adjustment of status and wait for my interview in the USA ? Or can I ask the Visa Center to schedule my interview in the french ambassy in the USA instead of Paris ?
N.B I ve been married to my husband for 19 years and he's a USC.
Usually aliens who enter the US under the visa waiver program are not able to adjust status based on that form of entry. One exception is that of an immediate relative who enters under the INA S 217 visa waiver.
I agree with my colleague that you should consult with an experienced immigration attorney who can examine the facts of your case and provide you with a legal opinion as to what immigration benefits you qualify for under existing law. good luck.
If you are the beneficiary of an approved I-130 petition filed by your U.S. citizen spouse and you entered the country legally using the visa waiver program, you are eligible for adjustment of status. The application is made with USCIS, not the French Embassy in the United States.
Consult with an experienced immigration attorney who can review your case and advise you of the options available and recommend how you should proceed.
You may adjust your status in the US. However, there may be a problem with nonimmigrant intent at the time you entered the US (may lead to fraud charges against you). On the other hand, it is positive that you have been married for a long time.
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