On November 19, 2013, USCIS issued a new memo regarding the Visa Waiver Program (VWP) and VWP entrants who seek to apply for Adjustment of Status to Lawful Permanent Resident. The memo is available here.
The Memo explains the Immigration Service's position regarding Visa Waiver entrants who file to Adjust Status to Lawful Permanent Resident and the procedural issues raised by a VWP entry. A VWP entrant does not have a right to a hearing before an Immigration Judge if their application for Adjustment of Status is denied. Thus, it is important to seek the advice of experienced legal counsel prior to making any applications while present in the U.S. on VWP.