Legal Question in Immigration Law in New York

adjustment of status

Hypothetically speaking, what would happen if I adjust my status on a visa waiver before my I-94 expires

Asked on 3/20/07, 4:30 pm

1 Answer from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: adjustment of status

Hypothetically speaking, an alien who entered the U.S. on a visa waiver is generally barred from adjusting status. One common exception pertains to the adjustment on the basis of marriage to a U.S. citizen or in another category of "immediate relatives." It may therefore sometimes make sense for someone who otherwise qualifies for a visa waiver to seek a B1/B2 visa to be able to adjust status a certain period of time after having been admitted to the U.S.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 3/20/07, 4:45 pm

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