Can I adjust my status if I entered on an ESTA and am married to a U.S. Citizen?

For individuals entering the country under an Electronic System for Travel Authorization (ESTA), there may be confusion about the possibility of adjusting their immigration status if they are married to a U.S. citizen.

The answer to this question is yes; it is possible to adjust your status if you entered the country on an ESTA and are now married to a U.S. citizen. However, there are certain requirements that must be met in order for this adjustment of status to occur smoothly. At Sverdloff Law Group, we understand immigration law and can guide you through this process.

What is ESTA?

ESTA is an automated system that determines the eligibility of visitors traveling to the United States under the Visa Waiver Program (VWP). This program allows citizens from participating countries to visit the U.S. for up to 90 days without obtaining a visa if they meet specific criteria. However, this convenience comes with its own set of restrictions, particularly concerning adjusting one’s immigration status once inside the country.

Adjusting Status After Marriage

For individuals who enter the U.S. on an ESTA and subsequently marry a U.S. citizen, adjusting status to become a lawful permanent resident is a possibility. However, it involves a nuanced process that requires careful consideration of legal factors and potential hurdles. One critical aspect is the intention at the time of entry. The U.S. government scrutinizes the intent of individuals entering the country through ESTA, especially if an adjustment of status is sought soon after arrival. If the government suspects that the intention was to marry and adjust status from the start, this could lead to a denial of the application.

Proving the Bona Fide Nature of the Marriage

Eligibility for adjustment of status primarily hinges on the bona fide nature of the marriage. It must be entered in good faith and not solely for immigration benefits. Couples need to provide evidence of their genuine relationship, such as photographs, joint financial records, correspondence, and affidavits from friends and family. Overstaying the 90-day period allowed under the VWP can severely impact eligibility for status adjustment and might lead to deportation proceedings.

Best Practices for a Successful Adjustment Process

To tackle the adjustment of status process successfully, applicants should adhere to certain best practices. First, ensure that your marriage is well-documented and verifiable through various forms of evidence. Second, maintain a clear record of your entry and stay in the United States. Third, consult with an experienced immigration attorney who can help evaluate your situation, guide you on timing aspects, and assist in compiling a robust application package.

Staying Informed About U.S. Immigration Laws

Understanding the dynamic nature of U.S. immigration laws is essential, as policies and requirements can change. Keeping abreast of these changes can help avoid common pitfalls and ensure compliance with current regulations. This is where professional legal assistance becomes invaluable.

Why Choose Sverdloff Law Group?

At Sverdloff Law Group, we recognize the importance of each case’s uniqueness. We are committed to providing empathetic, insightful, and client-focused guidance throughout the immigration process. Our experienced team, led by Chicago immigration lawyer Julia Sverdloff, is dedicated to helping you navigate the complexities of adjusting your status, ensuring that your case is handled with the utmost care and professionalism.

Get in Touch

If you are considering adjusting your status after entering on an ESTA and marrying a U.S. citizen, we invite you to reach out to Sverdloff Law Group. Our team is here to offer personalized support, ensuring that your immigration journey is as smooth and successful as possible. Contact us for a consultation, and allow us to help you secure your future in the United States.