Samxboy

Hello, I'm sure you know alot more about this than me...I used that example because based on what I've read a visitor entering the U.S. in WB (B-1) or WT (B-2) status should note that s/he is not eligible to change, extend, or adjust status in the U.S. In other words, s/he must first depart and reenter the country.
If as it appears there is an exception for a close relative then that's all very well. Great news and all that...I did say I was intrigued to know how. Maybe just a little explanation would help others understand.

Best regards,

jeffreyhy

My kids likewise hated it when they wanted me to help them with their homework, but instead of telling them the answers I said things that pointed them in the right direction, or away from the wrong direction, but that required them to research and think for themselves to arrive at the answers. As adults they're more understanding than they were when they were teenagers.

Regards, JEff

Joy-totheworld

Very Odd, I thought my last message came through, but it hasn't for some reason!
OK. When the EB2 visa was granted, we were living in Bahrain. We applied for the visa from there, not in the US. As the US Embassy their can't process any kind of immigration for the US, the US immigration authorities told us that upon our entry into the US as tourists, they would change our status and be able to continue the I-485 process at this time. We had to be already in the US for this to happen. My husband has a NATO visa currently, and travels in & out of the US for work, but this ends in early Oct. He was also able to start the biometrics in July as he was here at the time. (Confused yet?).
So, I'm sure that hasn't made anything clearer, just wanted to answer the question earlier.
Joy.

ian-mstm

True... but she's not changing status. She's adjusting status - and there's a difference between the two. You are allowed to adjust status from the VWP if you are an immediate relative of a US citizen and, when you entered the US, you did not have the intent to stay.

Ian

crg

I'm getting a bad feeling about this. EB5 is not an immediate relative category so I really don't see how this person can successfully file a 485 after entry as a WT and be approved. The application may be dead on arrival for the WT traveler. Unlawful presence may not accrue with a timely 485 but that may not be the case if the application is found to be frivolous (no basis for approval). Am I missing something?

Being in a country where the required visa services are not available does not mean the required process can be ignored. You travel to a consulate that will process it. If that was an option then everyone would just move to Pitcairn Island or something.

The OP may need to get out before the 90 days and get the immigrant visa. Is an immigration attorney involved?

Joy-totheworld

HI,
Your referring to my initial enquiry. My husband has applied for an EB2 with National Interest Waiver, which has been granted. We have followed ALL the USA immigration directives thus far and things are progressing as we expect. It is not an EB5 - that is quite different. FYI, I eventually managed to speak to the USCIS who have confirmed that we need to apply for a 'parole' form (forgot the name right now) the leave for a week or so, but that everything is fine.
Thank you.

jxv73

I'm sorry but the law clearly says you cannot adjust status.

Please see the INA Section 245(c)(4)

Joy-totheworld

Thank you for the info. To date, we have received letters from USCIS, etc and have done everything they have asked of us. We have not strayed from their requirements in any way. We will continue to do so as each stage is reached.

jxv73

You do realize that, unless USCIS makes a mistake, your application should be denied? USCIS was happy to receive your I-485 and Biometric fee. That means nothing. You needed to come in on an immigrant visa. Get an immigration lawyer, it is still not too late to correct the course. You will need to withdraw your AOS, leave before the VWP expires, and apply to notify DOS so that you cna process and immigrant visa. Right now, you are going full speed towards an immigration train wreck.

P.S. I don't mean to be rude. I just think you haven't realized the extent of the problem.

zerlesen

I suppose the question is what, exactly, has been granted. If the I-140 has been approved then that's great but it's only one part of the process. I'm as confused as everybody else about how you're going to adjust status from the VWP, since you're apparently not an immediate relative of a USC.

Depending on who you spoke to, this may or may not be accurate information. In particular, the first-level people on the USCIS customer service line frequently don't know what they're talking about. They're not liable if they give you the wrong information. If you haven't done so already I'd run this by an immigration lawyer. (Also, bear in mind that the I-131 usually takes about three months to process.)

jxv73

USCIS will only notice a problem when the I-485 gets to the adjudicator and he goes by his checklist, and realizes you are not an immediate relative and you arrived under the VWP.

Joy-totheworld

Jxv73 - I sent you a private message.

crg

I'd like to add that on your 91st day, you will become what is known as an illegal alien and are summarily removeable from the US without a hearing. Neither the frivolous I-485 you filed nor the terrible immigration advice you received will insulate you from the 10 year bar that could be imposed on the spot. Also, you may be detained while flight arrangements are made. I'm not saying immigration agents will decide that you are a priority to apprehend over all of the criminals and fence jumpers but that is the category you will be in. If you depart 180 days after day 91 (and you must depart to file the proper applications) you will be barred from coming to the US for 3 years.

I know you think you know better but we know that the law does not allow adjustment from VWP to LPR with an employment based petition. That is a fact. The goal is not to be mean but to clearly convey the seriousness and gravity of the trouble you are in.

sir_eccles

Be careful with sending PMs there is no way for people to correct inaccurate advice.

I think this is a rather complex and unusual situation. You should consider a one time consultation with an experienced US immigration attorney.

jxv73

+1

To te OP: Please clarify the sequence of events. I'm confused as to when you entered the US on the VWP. Was that when you applied for your I-485? Or was it to only get your biometrics? If it was only for your biometrics, then what status did you use to enter the US to submit the I-485?