ESTA and Adjusting Status: What You Need to Know  

If you’ve entered the United States on an ESTA (Electronic System for Travel Authorization) or under the Visa Waiver Program (VWP) and are considering adjusting your status to permanent resident, this FAQ is here to provide answers to some of the most common questions. At Sverdloff Law Group, we understand the complexities and challenges of navigating the U.S. immigration system, and we’re here to help you every step of the way.

What is an ESTA?

An Electronic System for Travel Authorization (ESTA) is a program that allows citizens from participating countries to travel to the United States for tourism or business purposes without obtaining a visa beforehand. It’s important to note that having an approved ESTA does not guarantee entry into the United States; it simply allows travelers to board a carrier bound for the U.S. Upon arrival, Customs and Border Protection (CBP) officers will make the final decision on whether or not to admit you into the country.

Can I Adjust My Status After Entering on ESTA/VWP?  

Yes, but only under specific circumstances. Individuals who enter the U.S. under ESTA/VWP are generally not eligible to adjust status to permanent resident. However, there is an important exception for the immediate relatives of U.S. citizens, which includes spouses, unmarried children under 21, and parents of citizens over 21 years old.

How Long Do I Have to File for Adjustment of Status?  

When you enter on ESTA/VWP, your authorized stay in the U.S. is limited to 90 days. If you are an immediate relative of a U.S. citizen, you can potentially file for adjustment of status during this time. However, even if 90 days have passed, it may still be possible to file—though this carries additional risks and requires strong legal guidance.

What Happens If I Didn’t Intend to Adjust Status But Later Decided to Stay?  

If your plan to adjust your status stems from a change in circumstances after entering the U.S., this can strengthen your case. For example, if you entered on ESTA to visit a U.S. citizen partner and the decision to marry occurred after arrival, this scenario may allow for adjustment. It’s crucial to document this change of circumstances clearly.

Do I Need to Wait Before Filing for Adjustment of Status After Marriage?  

To avoid raising red flags of “immigrant intent” at the time of entry, it’s recommended to wait at least 60 days after entering the U.S. before marrying or filing for adjustment of status. This helps mitigate suspicions of fraud. However, every case is unique, and it’s wise to consult an attorney before proceeding.

What Are the Risks of Overstaying My ESTA?  

Overstaying ESTA can have serious consequences, including expedited removal and a bar from re-entering the United States for three or ten years, depending on the length of the overstay. If you’ve overstayed but are married to a U.S. citizen, you may still qualify for adjustment of status, but it’s critical to act quickly and seek legal assistance.

What Evidence Should I Submit to Prove My Relationship Is Genuine?  

Documentation is key in adjustment of status cases. Examples include joint leases or utility bills, financial records, photos, correspondence, and affidavits from friends and family. These demonstrate the authenticity of your relationship to U.S. Citizenship and Immigration Services (USCIS).

Why Do I Need a Lawyer for Adjustment of Status from ESTA?  

This process is complex, and any mistakes can lead to denial, delays, or even removal from the U.S. At Sverdloff Law Group, we advocate on your behalf, ensure your applications are complete, and represent you in interviews or hearings. Our goal is to make this process as smooth as possible while safeguarding your chances of success.

How Can Sverdloff Law Group Help?  

We have extensive experience in handling adjustment of status cases, especially for those who entered on ESTA. Whether it’s gathering documentation, disproving immigrant intent allegations, or preparing for your USCIS interview, we’re here to guide you every step of the way.  

Contact Us Today

Your case is unique, and we’re here to offer personalized attention and tailored advice. Schedule a consultation with Sverdloff Law Group to discuss your situation and start your path to permanent residency. Together, we can help you realize your American Dream.