Many individuals have the dream of living in the United States. Fortunately, U.S. immigration laws offer permanent residency pathways for those who marry a U.S. citizen. But what happens if you enter the U.S. on the Electronic System for Travel Authorization (ESTA) under the Visa Waiver Program (VWP)? Can you still apply for a green card through marriage? Let’s explore this option.
Understanding the ESTA and VWP
The Electronic System for Travel Authorization (ESTA) is an automated system used to determine visitors’ eligibility to travel to the U.S. under the Visa Waiver Program (VWP). The VWP allows citizens of participating countries to travel to the United States without a visa for 90 days or less when they meet specific requirements.
Marrying a U.S. Citizen after entering ESTA
- Immediate Adjustment of Status: If you marry a U.S. citizen after entering the country on ESTA, you may be eligible to apply for Adjustment of Status (AOS) to become a permanent resident. However, the intention at the time of entry is crucial. The U.S. government can deny AOS if they believe you entered the country with the deliberate intention to marry and adjust your status.
- Good Faith Marriage: For your green card application to be successful, your marriage must be bona fide or in “good faith.” This means that the marriage wasn’t entered into solely for the purpose of obtaining immigration benefits.
- Risks of Overstaying: Overstaying the authorized period under the VWP (usually 90 days) can have serious consequences. An overstay could render you ineligible for AOS and lead to removal from the U.S. However, there are options to still adjust status through marriage to a U.S. citizen, even with an overstay while under ESTA.
Potential Pitfalls and Best Practices
- Scrutiny by Immigration Officials: Suspicions may arise if you apply for AOS shortly after entering the U.S. on ESTA. Consult an experienced immigration attorney to evaluate the timing and other factors that might impact your application.
- Document Everything: Keep comprehensive records of your relationship and marriage. This can include photographs, correspondence, joint financial statements, and affidavits from friends and family.
- Stay Informed: U.S. immigration laws and policies are constantly evolving. It’s essential to stay updated with any changes that might affect your status or application.
Conclusion
While adjusting your status after marrying a U.S. citizen when you’ve entered under ESTA is possible, the process is complex. Suppose you’re considering this route or find yourself in a similar situation. In that case, it’s advisable to seek guidance from an experienced immigration lawyer to understand the nuances and ensure compliance with U.S. immigration laws.
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You may have questions regarding the status adjustment while on ESTA. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
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