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We filed for adjustment of status for my mother, while she was visiting on a B2 visa. The application was received by USCIS. While waiting for the decision and application process, is her stay considered legal or do we need to file for I-539?
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Yes, she can stay in the US for as long as I-485 is pending. No, she should definitely not apply for Extension of Status. That would require her to attach a statement about her plans to leave which would be a lie.
This is my personal opinion and is not to be construed as legal advice. -
Yes, the stay is legal until you get a decision from the USCIS. Your I797c letter acts as proof of legal status--Good luck--
Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.Comment
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Thank you both for your responses. I think I didn't phrase my exact concern. At this stage, I have a FedEx receipt of application delivery. I do not have a confirmation of the application receipt from the USCIS. I am not even sure if the application centers are even working right now and if I will receive any receipt from them. I do not have I-797. My mother's legal stay on the B2 visa is finishing in a week from now. I do not anticipate any response in next week from USCIS given this COVID-19 pandemic. Thanks again for your time and attention.Comment
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She will get the receipt sooner or later. It doesn't make a difference if she gets it sooner or later unless she runs into one of those immigration checkpoints near the Mexican border in the meantime.
This is my personal opinion and is not to be construed as legal advice.Comment
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Let your mother avoid being interfered with State Securities...especially ICE or Police. Once she’s obeying the terms/law of the B2 Visa, that’s fine for her. Other then that nothing to worry about much. Keep your fingers crossed for the USCIS receipt notice.Originally posted by drpurohit22 View Post
NB: this is just my thoughts. I’m not a lawyer.
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