Expired I94 with I485 Receipt

S

sand500

Registered Users (C)
Hi

My mom is in the US on a visitor visa. My sister who is a US citizen applied for her green card. We filed the I140-I485 concurrently. Now she has the receipt for the adjustment of status. Her I94 date expires in a month.

My question is:
1. Now that she has a AOS receipt from USCIS, is she legally allowed to stay in the USA even after the I94 expires?

2. Do we need to submit any document to the USCIS to indicate that she is staying back in the US based on the I485 receipt?

3. Any other issues or potential problems that I need to be aware of in this scenario?

Thanks in advance.
 
I guessed you meant I-130, and not I-140
sand500 said:
We filed the I140-I485 concurrently.
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Yes, she is legally allowed to stay until her I-485 is adjudicated.
sand500 said:
1. Now that she has a AOS receipt from USCIS, is she legally allowed to stay in the USA even after the I94 expires?
Click to expand...

No, you don't have to submit any document.

sand500 said:
2. Do we need to submit any document to the USCIS to indicate that she is staying back in the US based on the I485 receipt?
Click to expand...
None that I am aware of.
sand500 said:
3. Any other issues or potential problems that I need to be aware of in this scenario?
Click to expand...
 
Your only concern would be timing of the application (30-60-90 day rule) since your mom entered on a nonimmigrant visa and subsequently developed immigrant intent, and your mom's intent when she entered may be scrutinized (mostly depending on the time frame you filed after she last had to show nonimmigrant intent).
 
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