The Obama administration will now allow another group of immigrants to stay in the United States. According to the Nov 14 policy memorandum from USCIS, immediate relatives of U.S. citizens who were last admitted into the country under the Visa Waiver Program (VWP), will be granted permission to apply for adjustment of status and remain in America.
This applies to the immediate relatives of U.S. citizens who entered into the country under the VWP and who are currently out of status. Likewise, those who come to America under VWP also can apply for permanent resident status under this new immigration policy. This policy will benefit the immediate relatives of U.S. citizens who are citizens of the 37 foreign countries that participate in the VWP and who get into the country without visas. Those who come to America under this program can stay here only for a 90 day period and they will fall out of status if they stay here longer than they are permitted to stay.
The new policy change will give the immediate relatives of U.S. citizens who come to the United States under the VWP a chance to apply for legal status. The important aspect of the program is that it will also permit the immediate relatives of U.S. citizens, who are currently out of status, to apply for adjustment of status. However, it must be remembered that it applies only to the immediate family members of Americans who initially entered into the country under the VWP.
They can change their status to permanent resident status by filing the USCIS Form I-485, Application to Register Permanent Residence or Adjust Status. This is the adjustment of status application that they need to file in order to obtain lawful status. This application will be adjudicated by the USCIS in accordance with Section 245 of the Immigration and Nationality Act (INA).
Immediate family members of American citizens, like the spouses, children and parents, who enter into American under VWP and who have stayed in the country for more than 90 days, can file Form I-485 and become lawful residents of the country. This policy is not meant for other categories of non-immigrants.