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My I.130 has been approved.Can I wait for my interview in the USA or do I have to go back to France ? I enter the USA under a VW

Orlando, FL |

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.

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Attorney answers 4

Best Answer

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.

Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

Debbi Lee Klopman

Debbi Lee Klopman


i agree with Attorney Abbott. I have assisted many beneficiaries of immediate relative petitions adjust their status in the United States. But he is correct in suggesting that bring your file to an experienced immigration attorney for review.


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.
Sent on the Sprint® Now Network from my BlackBerry

Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.


I would suggest you to speak with immigration attorney and present more facts about your situation.


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.

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