Jenkintown, PA asked in Immigration Law for Pennsylvania

Q: USCIS has not acknowledged receipt of I-485. Can the applicant reside in the US beyond her visit departure date?

Hello, we have filed an I-130 and an I-485 for my mother-in-law who is currently in the US on a visitor's visa. UPS confirmed that the documents reached the USCIS office months ago, but we haven't heard anything from them. At what point are those forms considered "pending", allowing her to reside in the US until a decision is made on her case?

Related Topics:
1 Lawyer Answer
Agnes Jury
Agnes Jury
  • Immigration Law Lawyer
  • Traverse City, MI

A: The Adjustment of Status is considered "pending"/in processing from the time it is received. So your mother-in-law is not accruing unlawful presence from the time the application was received. Best wishes!

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.