ESTA vs Visa Adjustment of Status: Understanding the Key Differences

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When planning to enter the United States, travelers often encounter the terms ESTA (Electronic System for Travel Authorization) and Adjustment of Status (AOS). These two terms refer to different aspects of U.S. immigration law, and understanding their distinctions is important for anyone considering travel to the U.S. or planning to stay long-term. In this article, we will explore what ESTA is, what Adjustment of Status entails, and how they are different. We'll also discuss the implications of each and how they relate to your immigration status.

What is ESTA?

ESTA stands for Electronic System for Travel Authorization. It is an automated system used by the U.S. government to determine eligibility for travelers from Visa Waiver Program (VWP) countries to enter the United States without requiring a visa. ESTA is primarily used for short-term visits—up to 90 days—for tourism, business, or transit purposes.

ESTA approval allows citizens or nationals of Visa Waiver Program countries to enter the U.S. for short stays without needing to go through the lengthy process of obtaining a traditional US visa. Once approved, travelers can enter the United States multiple times over the span of two years or until their passport expires.

Key Characteristics of ESTA:

  • Available only to citizens of Visa Waiver Program (VWP) countries.

  • Allows stays of up to 90 days.

  • Used for short-term travel for tourism, business, or transit.

  • Application process is done online and approval is typically granted within minutes.

  • Valid for two years or until the passport expires.

What is Adjustment of Status (AOS)?

Adjustment of Status (AOS) refers to the process that allows an individual who is already in the United States to apply for a change in immigration status. This process is used when someone wants to adjust from a non-immigrant status (such as a tourist or student) to an immigrant status (such as a permanent resident or green card holder).

The AOS process is commonly used by individuals who are:

  • Seeking to change from a tourist visa (such as B-2) or ESTA status to a green card.

    Start your application process today and apply for your visa online quickly and easily.

  • The process allows applicants to stay in the U.S. while they wait for their permanent resident status to be approved.

Key Characteristics of Adjustment of Status:

  • Applies to individuals who are already in the U.S. and want to change their status.

  • Most commonly used to apply for a green card (permanent residency).

  • The process involves filing forms, attending an interview, and submitting various documents.

  • It can take several months to years for approval, depending on the specific case and the type of visa or status the applicant has.

ESTA vs Adjustment of Status: Key Differences

While both ESTA and Adjustment of Status (AOS) are related to U.S. immigration, they serve different purposes and apply to different stages of the immigration process. Here are the key differences between the two:

1. Purpose

  • ESTA is for short-term, temporary visits to the U.S. for tourism, business, or transit purposes. It allows individuals from Visa Waiver Program countries to enter the U.S. for up to 90 days without obtaining a traditional visa. It does not allow for any permanent changes to your immigration status.

  • Adjustment of Status (AOS) is for individuals who are already in the U.S. and wish to change their status, typically to permanent residency (green card). This process is for those who want to stay in the U.S. long-term or permanently.

2. Eligibility

  • ESTA is available only to citizens or nationals of Visa Waiver Program countries, who are entering the U.S. for temporary stays (up to 90 days).

  • Adjustment of Status (AOS) applies to individuals who are already in the U.S. in a non-immigrant status (such as on a B-2 tourist visa or under ESTA) and wish to apply for permanent residency. AOS applicants must meet certain eligibility requirements based on family, employment, or other visa categories.

3. Duration of Stay

  • ESTA allows for stays of up to 90 days, after which the traveler must leave the U.S.

    Start your application process today and apply for your visa online quickly and easily.

  • Adjustment of Status (AOS) is a process for changing your status while staying in the U.S. Applicants can remain in the U.S. during the application process, which can take several months or years, depending on the specific immigration situation.

4. Application Process

  • ESTA involves a straightforward online application where travelers fill out a few questions about their travel plans and receive approval or denial, usually within minutes.

  • Adjustment of Status (AOS) is a complex process that involves filing specific forms (such as the I-485 form), attending an interview, and submitting supporting documents. The AOS process can take several months or even years, depending on the applicant’s specific situation.

5. Intent to Immigrate

  • ESTA is for individuals who have no intention of staying in the U.S. permanently. It is specifically for short-term visits for tourism, business, or transit.

  • Adjustment of Status (AOS) is for individuals who want to stay in the U.S. permanently and apply for a green card or permanent residency status.

6. Work Authorization

  • ESTA does not allow the traveler to work in the U.S. If an individual enters on ESTA, they must not engage in any form of employment during their stay.

  • Adjustment of Status (AOS) applicants can apply for work authorization while their application is pending, meaning they can work legally in the U.S. while awaiting the decision on their green card application.

How ESTA Affects Adjustment of Status

Many travelers enter the U.S. on ESTA and later decide they want to stay longer. While this may seem straightforward, it is important to understand that entering the U.S. under ESTA does not automatically grant you the ability to apply for a change of status. In fact, immigration authorities can question your intent if you enter on an ESTA and then try to adjust your status soon after.

If you plan to enter the U.S. under ESTA with the intention of applying for a green card or changing your status, it's essential to proceed cautiously. Many individuals enter on ESTA and later apply for Adjustment of Status (AOS) while they are already in the U.S. However, doing so requires proving that you did not enter the U.S. with the sole intent to apply for a green card, as this could be seen as immigration fraud.

Key Considerations:

  • It is advisable to apply for a visa if you have long-term intentions of staying in the U.S., rather than entering under ESTA and changing your status afterward.

  • Be aware of the 90-day rule: If you enter the U.S. under ESTA and decide to apply for AOS within 90 days, you could face complications and be scrutinized for your intent. If your intentions change after 90 days, applying for AOS is generally more straightforward.

    Start your application process today and apply for your visa online quickly and easily.

How to Apply for Adjustment of Status (AOS)

If you are already in the U.S. and wish to apply for Adjustment of Status, here are the general steps:

  1. Determine Eligibility: Make sure you meet the eligibility requirements for AOS based on your visa or status in the U.S.

  2. File the I-485 Application: Submit the I-485 form to USCIS to start the process of adjusting your status.

  3. Attend Biometrics Appointment: If required, you will attend a biometrics appointment where your fingerprints and other information will be collected.

  4. Interview: Some applicants will be required to attend an interview to confirm eligibility for a green card.

  5. Receive Decision: After your application is processed, you will receive a decision. If approved, you will receive your green card.

Conclusion

ESTA and Adjustment of Status (AOS) are two distinct processes in U.S. immigration law. While ESTA is for short-term visits of up to 90 days for tourism or business purposes, Adjustment of Status is a process for changing your status while in the U.S. and applying for permanent residency. If you are considering a long-term stay in the U.S. or applying for a green card, it’s important to understand the rules surrounding both ESTA and AOS.

CLICK HERE to apply for ESTA or learn more about the Adjustment of Status process today!

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