Asked in Immigration Law for Texas

Q: I'm in the US under the ESTA visa waiver program. If I win the DV lottery, can I adjust my status while I'm here?

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2 Lawyer Answers
Samuil Buschkin
Samuil Buschkin
Answered
  • Immigration Law Lawyer
  • Ridgewood, NJ

A: Typically, you would apply for adjustment via a consulate outside of the US. However, if you're in the US and you're still within the allowed stay of the VWP / ESTA, then you can send an application to USCIS while in the country.

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: No. You cannot qualify for adjustment of status while in the U.S. on ESTA/VWP unless it is based upon an immediate relative visa petition.

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