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Can I adjust my status while in the US under ESTA and with an ongoing I-130?
Hi,
My I-130 was received at the USCIS California Service Center on May 7th, 2015 (if all goes well I should have my passport end of March 2016). I am an Italian citizen living in France with my husband and 2 teenage kids, all three US citizens. We are planning on moving to the US this summer, although I am planning on entering on an ESTA end of July and respecting the 90-day maximum stay, coming back to France after that. My husband would come to the US in mid-September so that he could take over the kids while I'm gone. I would then enter a 2nd time under ESTA a month and a half later. Since this in and out with ESTA seems to be a major problem among I-130 applicants, could I enter with and ESTA end of July, and file an I-485 at some point during the 90 days to adjust my status and thus be able to stay in the US until my passport is ready? I am going through Consular Processing since I am currently residing outside the US.
We have to buy the plane tix very soon, but I am very scared of being refused entry once I get there, and having to abandon my kids at the airport !
Thank you for all the help you may provide!
My I-130 was received at the USCIS California Service Center on May 7th, 2015 (if all goes well I should have my passport end of March 2016). I am an Italian citizen living in France with my husband and 2 teenage kids, all three US citizens. We are planning on moving to the US this summer, although I am planning on entering on an ESTA end of July and respecting the 90-day maximum stay, coming back to France after that. My husband would come to the US in mid-September so that he could take over the kids while I'm gone. I would then enter a 2nd time under ESTA a month and a half later. Since this in and out with ESTA seems to be a major problem among I-130 applicants, could I enter with and ESTA end of July, and file an I-485 at some point during the 90 days to adjust my status and thus be able to stay in the US until my passport is ready? I am going through Consular Processing since I am currently residing outside the US.
We have to buy the plane tix very soon, but I am very scared of being refused entry once I get there, and having to abandon my kids at the airport !
Thank you for all the help you may provide!
