Adjustment of Status for an Individual entered under the Visa Waiver Program

USCIS field offices shall adjudicate adjustment of status cases filed by immediate relatives of U.S. citizens who were last admitted to the United States under the VWP, in accordance with section 245 of the INA. This includes cases where Form I-485 was filed after the 90-day period of admission. Adjudication shall occur prior to referral to ICE unless

• ICE has issued a removal order;
• The adjustment applicant is under investigation for, has been arrested for (without disposition), or has been convicted of an egregious public safety offense; or
• There are fraud and/or national security issues that require resolution.