Can I change my status from visa waiver to permanent resident after marrying? 4 Answers as of March 13, 2011

Can I change my status from visa waiver entrant to permanent resident after marrying a lawful permanent resident of the United States?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Changing from visa waiver, which is a travel visa where you come without requirment to apply for formal visa, to permanent resident, is only possible when your petition is based upon marriage to a U.S. Citizen, before the expiration of the visa. Otherwise, you must return and wait for the priority date given to you becomes current, which at the present time is a 4-year wait.
Answer Applies to: California
Replied: 3/13/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
If you enter the U.S. under a visa waiver, the only way to change your status inside the U.S. is if you are marrying a U.S. Citizen (you are not permitted to change status if marrying a permanent resident).
Answer Applies to: Florida
Replied: 3/8/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
No you cannot. VWP applicants are only eligible to file for adjustment of status based on marriage to a U.S. Citizen. Marriage to a LPR does not qualify you to file for your Green Card.
Answer Applies to: California
Replied: 3/8/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
An Adjustment of Status from a waiver to that of a Legal Permanent Resident may be done at the Consular Post or Embassy. Those entering into the United States under a visa waiver are not eligible to adjust their status in the United States at this time.
Answer Applies to: Texas
Replied: 3/8/2011
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