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?
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!
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