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April 01, 2005

marriage after entry on visa waiver

Today I spoke to a client whose wife entered the U.S. on visa waiver; the 90 day program that allows nationals from certain countries to enter the U.S. without a visa. After entry she married a U.S. citizen. She spoke to her embassy which advised her that she could not adjust status within the U.S. They advised her to leave the U.S. and file for adjustment outside of the country. This is a good example of the difficulty of obtaining good immigration advice. I have handled immigration cases for various persons who entered the U.S. in the same situation and later adjusted status within the U.S based on marriage to a U.S. citizen. At the interview the immigration office may require a fraud waiver. In practice normally this is not required by the immigration officer. So far all the cases I have handled that required this type of waiver have been granted.

Posted by VisaLawyer at April 1, 2005 02:07 PM


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