Adjustment of Status on ESTA (SIJs)

[Enes240]

Dearest users,

I intend to file for Special Immigrant Juvenile status (SIJs). I am currently on the 48th day of my ESTA so its going to ”expire” on June 15th. Now I’ve read online that you can’t adjust status while being in the US on an ESTA (exceptions made of course, unfortunately, not in my case) but I also read that theres an automatic waiver when overstaying and filing for SIJs. So my question is: Should I file until June 15th so I don’t overstay or should I overstay one day and then file for SIJs.

Thank you in advance!

 

[newacct]

According to USCIS Policy Manual, Volume 7, Part B, Chapter 8, section C-2, it appears that the only adjustment bar that applies to SIJs is the INA 245(c)(6) bar based on involvement in terrorist activity:

The only adjustment bar that applies to a special immigrant juvenile adjustment applicant is the bar for being deportable due to involvement in a terrorist activity or group.

All the other adjustment bars, including the INA 245(c)(4) bar for having entered on the Visa Waiver Program, do not apply. The footnote offers this explanation:

Finally, INA 245(c)(1), INA 245(c)(3), INA 245(c)(4), and INA 245(c)(5) also do not apply since a special immigrant juvenile is considered to be paroled into the United States and when reviewing these bars, USCIS focuses on the most recent admission.

This is confirmed by the regulations in 8 CFR 245.1(e)(3)(ii):

An applicant classified as a special immigrant juvenile is subject only to the adjustment bar described in section 245(c)(6) of the Act.

The rule that added that provided a similar explanation:

Because additional bars to adjustment at INA section 245(c)(1), (3), (4), and (5) only apply to applicants who have been or were otherwise admitted to the United States in a particular status, and SIJs are deemed parolees for the limited purpose of adjustment of status, the only relevant adjustment of status bar that may apply to an SIJ adjustment applicant would be that of being deportable due to engagement in terrorist activity or association with terrorist organizations.

 

[Enes240]

Dearest newacct,


You don’t know how much you’ve helped me. This was such a tremendous burden for me. I wish you all the best in life and thank you once again.

best regards,
Enes