Q: If I don’t receive the receipt of my I -485 application before my I -94 due, can I still stay in the US?
I am a spouse of US citizen!
Came to US in mid Dec via VWP
Would like to apply for status change ?
But the time to leave the country is due on 9/ March, only 10 days away!
A: If you want to file for adjustment of status then technically you will not accrue "unlawful" presence from the time that USCIS receives your application and until they reach a decision on your application. So if they receive the application before your lawful stay ends, you should not have "unlawful" presence. BUT, I would recommend doing a consultation with an experienced immigration attorney to discuss your situation to make sure that there are no reasons NOT to file for Adjustment of Status. Many attorneys offer free phone consultations. Best wishes!
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