ESTA visa waiver overview.
ESTA visa waiver program permits foreign nationals of certain countries to enter the United States as visitors (business or pleasure) without a visa. Nationals of the following countries are eligible for the VWPP: Andorra, Argentina, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, the United Kingdom and Uruguay.
Visitors must first receive a pre-clearance by registering with ESTA visa waiver program before travelling to the United States.
There are several important restrictions for ESTA Visa Waiver Program participants, including the following: 90 days maximum period of stay; extensions or changes of status not allowed (except adjustment of status for immediate relatives is allowed).
Most importantly, the VWP participant has no right to appeal an immigration officer’s determination of admissibility. The participant also waives the right to contest an order of removal.
Marriage while on ESTA visa followed by adjustment of status application, while not prohibited by law, will be scrutinized closely for the applicant’s intent inconsistent with this type of visa.
CONTACT experienced immigration lawyer for advice in this matter.