slummymummy

She can enter again on the VWP (which you register for via ESTA). She can stay and apply for AOS (adjustment of status) but this is risky and not legal! It's not legal because she will have the intention to stay when she enters. She risks being deported with a ban. The reason you were told she could maybe stay now is because she had no intention of staying when she entered.

Confusing I know........... but that's the way it is. Hope I made it a touch clearer?

Noorah101

ESTA is not a visa. ESTA is pre-clearance in order to use the VWP (Visa Waiver Program...meaning visiting the USA for up to 90 days without a visa).

In a previous post, you said she had a visa. Evidently she does not, if she's in the USA on the VWP (after having cleared through ESTA).

Rene

chevymudnut

is this better?

RICH

It is better for those giving advice to know the accurate situation. Not necessarily better for the person receiving the advice.

chevymudnut

sorry i was not sure what kind it was thank you all for your help
not sure what the differences was

ian-mstm

At this time? Depending on their age, it could be many, many years if they change their mind! It'll be even longer if they, themselves, are married.

Ian