In a current policy memo , USCIS relaxed the procedure for amendment to permanent nationality for ”immediate relative” of US citizens who have come into the US on a visa waiver. The visa waiver allow people from definite qualifying nation to approach to the US for up to 90 days without the need of securing a visa from a US Consulate. In the US, the Spouse Visa Waiver entrant might engage in the similar activities as one admit with the B-1 (short-term visitor for Pleasure) or B-2 (short-term visitor for business ).
Like a visitor admit in B-1/B-2 status, he or else she might not be employed however may hold in certain commerce activity and might have fun. Not like the B-1/B-2 visas, the visa waiver might not be extensive, except in extremely limited situation. A person who enter on a B-1/B-2 visa who has overstay or else otherwise despoiled his status is allowed to a hearing in front of an migration Judge previous to being removed from the US. One with a visa waiver give up that right. Furthermore, the visa waiver applicant might not change non-immigrant rank, nor amend to permanent nationality in the US…with one exemption.
Not all visa waiver entrant must leave inside the 90 days. The law does authorize “immediate relations” of US citizen, spouses, parent and children, to amend to permanent nationality after having been admit on a visa waiver. The difficulty is that USCIS hold the sword of elimination without hearing over the head of instant relatives, chiefly spouses of US nation, who have enter on visa waivers as well as seek to adjust. This makes preparation of a couple’s wedding and their migration or migration of elderly parent quite cumbersome.
The novel policy direct USCIS to adjudicate amendment of status case filed by “immediate relations” of US citizen who last enter the on a Spouse Visa Waiver. This instruction extends to cases wherever the application for amendment (I-485) is filed subsequent to the 90 day period of admittance has elapsed. The amendment to permanent or provisional permanent residence would not be referred by USCIS to USICE for the overseas national’s elimination unless ICE has by now issued an order of elimination or the amendment is under study owing to criminal , fraud or national defense issues.
Now, a couple might get married in the US subsequent to the foreign national spouse has entered on the visa waiver as well as may adjust here without the need of departing inside 90 days or fearing elimination. The same for parent of adult US citizen. Within about 90 days after filing for amendment, the foreign national spouse or else parent will be granted service authorization as well as advance parole, BUT might not work or else depart the US until secure the advance parole/EAD that allow travel and service authorization. Although the migration process still requires to be well planned, this alter in USCIS policy make planning for and transitioning a spouse or else parent’s life in the US much simpler.