Santa Clara, CA asked in Immigration Law for California

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!

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2 Lawyer Answers
Agnes Jury
Agnes Jury
Answered
  • Immigration Law Lawyer
  • Traverse City, MI

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!

Nareshwar Singh Virdi
Nareshwar Singh Virdi
PREMIUM
Answered
  • Immigration Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: Please contact our office at 916-378-0249 to further assist with this matter. We can help you with the adjustment.

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