Immigration Law

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We have a question with regard to Esta Visas and the

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Hello, we have a...

Hello, we have a question with regard to Esta Visas and the possibility of extending the stay here in the US. Is this possible? Would they be able to apply for a visa here in the US in order to stay here in the US? This is for our niece and she is from Italy. She wants to make her permanent residence here in the US and so she was wondering if she could do this or if she is required to return back to Italy to apply for another visa in order to come back?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

NO

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

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

If we are able to apply for another visa here in the states, what form would this be and what requirements in order to do this is needed.

Submitted: 4 months ago.Category: Immigration Law
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Answered in 5 minutes by:
11/30/2017
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,224
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

Unfortunately the ESTA is very strict because the US sees it as a privilege to enter without having to get an actual visa. Due to being so strict, they do not allow for any kind of visa extension or to change to another type of visa while being here inside the US. She would need to depart the US and apply for another visa from abroad. The only way she could change her status here in the US is if she married a US citizen and the person then petitions her for her green card. For any other situation, she would have to depart the US before the time that her stay here expires. She should not overstay the time given on her ESTA.

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

Hi again, I see you were able to view my answer. Is there anything else I can clarify for you to earn your positive rating?

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