Q: Hello, I am citizen, can I apply for permanent residence status to my 18 years old daughter, who came with Esta ?

A: Although there is a general prohibition against adjustment of status (changing from visitor to U.S. legal permanent resident from within the United States) for those who entered the United States as a visitor under the Visa Waiver Program (ESTA), there is an exception for those who meet the immigration definition of "immediate relative," which includes spouses of U.S. Citizens, parents of U.S. Citizens and minor (under 21), unmarried children of U.S. Citizens. The immigration service will also be evaluating what the individual's intent was when he or she entered as a visitor, because one should not be entering the U.S. as a visitor with the pre-conceived intent of pursuing adjustment of status. But, if the intent to immigrate developed only after having entered as a visitor, then it could be possible for you to petition for your daughter and for her to file an adjustment of status case. Attending high school would also be possible. If you have not done so already, you should consult with a competent immigration attorney. Overstaying visitor status acquired through the Visa Waiver Program (ESTA) and not filing for adjustment before the expiration date of that visitor status can carry heavy, negative consequences. A general condition of using the Visa Waiver Program is that one cannot contest his or her removal before an Immigration Judge if the government sought to remove the person because he or she overstayed his or her visitor status.