Immigration Law

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Can I adjust status after marrying a USC in the US while on…

Customer Question
Can I adjust status...

Can I adjust status after marrying a USC in the US while on my ESTA

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

No

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 8 months ago.Category: Immigration Law
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Answered in 1 minute by:
9/28/2017
Immigration Lawyer: legalgems, Lawyer replied 8 months ago
legalgems
legalgems, Lawyer
Category: Immigration Law
Satisfied Customers: 13,344
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Immigration Lawyer: legalgems, Lawyer replied 8 months ago

INA 245a normally precludes an ESTA participant from applying for an adjustment of status; however, there is an exception for immediate relatives which would include a spouse. Freeman v. Gonzales 444 F3d 1031 discusses ESTA and adjustment of status issues.

The agency will presume that if a marriage is entered into within 30 days of arrival it is fraudulent; if within 60 days it is suspicious.

They will also examine intent upon arrival since it is a temporary status and if the agency determines that was a fraudulent representation they can bar the applicant from remaining/returning.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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