Can I Still Adjust Status After Entering the US on ESTA?

Attorney Answer

Whether adjustment of status is still available to someone who entered on the Visa Waiver Program through ESTA generally depends on the relationship to the U.S. citizen sponsoring them, and this narrow path has long been available specifically for immediate relatives.

I do not have details on the specific memo you are referring to, and because immigration policy can change quickly, I cannot confirm exactly what it changes without more information. What I can tell you is the general rule that has long applied: someone who enters the U.S. through the Visa Waiver Program is normally barred from changing or extending nonimmigrant status and from adjusting status to a green card. There is a well-established exception for immediate relatives of U.S. citizens, meaning a spouse, parent, or unmarried child under 21, who can generally still file to adjust status even after entering on ESTA (under INA § 245(c)).

A few important details about this path if it applies to you:

1. It typically only covers immediate relatives of U.S. citizens, not relatives of green card holders or more distant family relationships. 2. Visa Waiver Program entrants give up certain rights as a condition of ESTA entry, including the right to contest removal if their adjustment of status application is denied. If the case does not succeed, there is generally no fallback hearing, so this path carries real risk if the case is weak. 3. Your 90-day authorized stay under ESTA still applies. Filing for adjustment of status does not automatically extend your permission to remain, so timing and documentation matter.

What to do next:

1. Ask an attorney or check USCIS.gov directly for what the memo you mentioned actually says and when it takes effect, since I cannot verify the details of an unnamed recent policy change. 2. Confirm the exact relationship between the applicant and the U.S. citizen sponsor, since that is the single biggest factor in whether this path is available at all. 3. Track the 90-day ESTA window carefully and talk to an attorney before that period runs out if you plan to file.

This is general legal information and not legal advice. Because this involves both a fast-changing policy memo and a legal pathway with real risk if it does not work out, a local immigration attorney should review your specific relationship and timeline before you decide whether to file.