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Validity of stay in US while waiting for USCIS receipt notice

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  • Validity of stay in US while waiting for USCIS receipt notice

    My mother-in-law is in the US visiting us on a B-2. Her I-94 expires on Apr 25 2019. We initiated her green card process and have submitted the necessary paperwork to USCIS (I-130, I-485, I-864, I-864A, G-325A, I-131) on Apr 10th, 2019. The check has not been cashed yet. When do we typically hear back from USCIS and does this pose any threat to her current stay? Is she legally allowed to stay with us beyond Apr 25th or should we plan for her to leave the country while we wait for a response from USCIS?

  • #2
    As long as I-485 is pending with the USCIS, she's considered "in-status". However, if the USCIS denies the I-485 application, she could be forced to leave the United States immediately.

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