Visa Waiver Overstay and Marriage Green Card: Immediate Relative Risks

This guide explains adjustment of status concerns for Visa Waiver Program entrants who overstayed and later became immediate relatives of U.S. citizens. These cases can be possible in some situations, but the risk profile is different from a standard B-2 visitor adjustment case.

VWP entrants waive certain rights to contest removal, and timing can become critical if enforcement action begins before USCIS approves the green card. The applicant should also review inspection and admission, marriage timing, intent issues, inadmissibility grounds, and any prior ESTA or visa history.

Evidence should include the I-94 or travel record, U.S. citizen relationship documents, bona fide marriage proof if filing through a spouse, medical exam planning, financial sponsorship, and a clear explanation of any overstay or status gap.

New Horizons Legal helps immediate relatives analyze VWP-specific risks, prepare a complete adjustment packet, and decide whether any waiver, court issue, or urgent filing concern must be handled before submission.