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  • Adjust status on ESTA?

    Hi

    So, in the past 12 months, I have read a few cases of couples doing the above and the interviewing officer has not asked about entrance intentions. My I-130 has been approved (2nd notice I-797), and we are thinking about picking up in the US even though it is being sent to NVC and should then be processed in London.

    Should we do this? How long does it take to hear the decision in the US?

    Thanks

  • #2
    Originally posted by smp17 View Post
    Hi

    So, in the past 12 months, I have read a few cases of couples doing the above and the interviewing officer has not asked about entrance intentions. My I-130 has been approved (2nd notice I-797), and we are thinking about picking up in the US even though it is being sent to NVC and should then be processed in London.

    Should we do this? How long does it take to hear the decision in the US?

    Thanks
    It is against the law to enter/move to the US with the intention of adjusting status. If you successfully enter the country however you can adjust status. If the CBP suspects you intend to adjust status while here on a non immigrant visa or visa waiver, chances are they will not let you into the country.

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    • #3
      Originally posted by azblk View Post
      It is against the law to enter/move to the US with the intention of adjusting status. If you successfully enter the country however you can adjust status. If the CBP suspects you intend to adjust status while here on a non immigrant visa or visa waiver, chances are they will not let you into the country.
      Thanks for your input here. Now, you say that if I enter the country successfully then I can adjust status...what do you mean by this? Do you mean if I am granted entry using the ESTA or what?

      Thanks

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      • #4
        Originally posted by smp17 View Post
        Thanks for your input here. Now, you say that if I enter the country successfully then I can adjust status...what do you mean by this? Do you mean if I am granted entry using the ESTA or what?

        Thanks
        thats what he's saying yes, if you make it in you can apply for AOS
        This is my opinion, not legal advice!

        AOS (c9) 2 USC 485/130/131/765
        122017 - PD
        012518 - Biometrics
        033118 - EAD/AP Combo card delivered
        062618 - "Case is Ready to Be Scheduled for An Interview"
        082618 - "we scheduled an interview for your Form I-485"
        090418 - 2nd we scheduled
        091018 - first interview canceled
        092118 - Request to reschedule int
        102318 - Renewal filed EAD/AP
        030819 - EAD/AP Card in hand
        040219 - We canceled your int
        040519 - Int sched
        051419 - Interview
        053119 - approved

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