I 130 and I 485 sent. Her visa expires soon.

[Flipskit 0]

My mom is here in the US with me and I just sent her documents to USCIS for I 130 and I 485 application. It got there on 9/1. My mom's visa expires on 9/5. I haven't seen that the checks were cashed or didn't receive e notification that they accepted the documents. My question is that is it okay because they received it before the visa expiration date or do they actually have to open the documents and notify us? I'm just worried that it's considered late and my mom will be illegal because they didn't open the documents and didn't accept it before her visa expiration date. Anybody knows??

[Kehinde 45]

You waited til the last minute? Well she will be illegal unless they approve her before the 5th. It takes at least 30 days to even get approved.

You waited til the last minute? Well she will be illegal unless they approve her before the 5th. It takes at least 30 days to even get approved.

[newacct 688]

First of all, a US visa is only for entry and has no relevance while inside the US. I assume you meant her duration of stay on her I-94.

Second, your mom is in the Immediate Relative category and does not need to be in status to file for Adjustment of Status. So it doesn't matter for Adjusmtment of Status purposes whether you filed it before or after her status expires. Of course it's nice to file it before her status expires so there isn't a period where she is deportable; but other than that, it doesn't matter. Once they received Adjustment of Status, she can stay in the US.

[Transborderwife 4,666]

You waited til the last minute? Well she will be illegal unless they approve her before the 5th. It takes at least 30 days to even get approved.

You waited til the last minute? Well she will be illegal unless they approve her before the 5th. It takes at least 30 days to even get approved.

Wrong. As an immediate relative she is under a period of authorized stay while awaiting the aos process.

[Flipskit 0]

Okay. So yes she didn't actually come here with a visa but with the ESTA visa waiver program which she can stay up to 90 days and that 90 days will be up on 9/5. So you guys are saying that as long as they received the documents before 9/5, it's okay even though I don't get the actual notice that it was accepted before 9/5? Usps tracking shows that uscis received it and it was signed on 8/31 because I used Express mail. I'm trying to find an answer so I can make sure that she doesn't stay here illegally but I'm so confused. I just don't know if uscis actually has to open the mail and starts processing or because it was mailed before 9/5 she is okay...

[Flipskit 0]

Also when she came she didn't intend to apply for green card she was visiting and with family situations and stuff she wanted to stay here and we found out that it was possible to apply for adjustment of status with esta because she's my immediate relative. And that's why we couldn't mail it early enough. Just making sure so there's no argument on this. Just wants to know it's okay as long as they received the documents before her 90 stay is up or they actually have to open the document and started processing before the date. Thank you.

[newacct 688]

Okay. So yes she didn't actually come here with a visa but with the ESTA visa waiver program which she can stay up to 90 days and that 90 days will be up on 9/5. So you guys are saying that as long as they received the documents before 9/5, it's okay even though I don't get the actual notice that it was accepted before 9/5? Usps tracking shows that uscis received it and it was signed on 8/31 because I used Express mail. I'm trying to find an answer so I can make sure that she doesn't stay here illegally but I'm so confused. I just don't know if uscis actually has to open the mail and starts processing or because it was mailed before 9/5 she is okay...

Yes, if they received the documents before 9/5 it's okay. Even if they receive the document after 9/5 it's also okay. It makes no difference either way. Once they officially receive it (no matter when they receive it), from that point on she's allowed to stay.

She should probably wait until she gets the I-485 receipt before going anywhere far.

[Flipskit 0]

Yes, if they received the documents before 9/5 it's okay. Even if they receive the document after 9/5 it's also okay. It makes no difference either way. Once they officially receive it (no matter when they receive it), from that point on she's allowed to stay.

She should probably wait until she gets the I-485 receipt before going anywhere far.

Great! I actually read the i 485 instruction again and you are right. She will be fine either way. Thank you for the reply.

Yes, if they received the documents before 9/5 it's okay. Even if they receive the document after 9/5 it's also okay. It makes no difference either way. Once they officially receive it (no matter when they receive it), from that point on she's allowed to stay.

She should probably wait until she gets the I-485 receipt before going anywhere far.

Great! I actually read the i 485 instruction again and you are right. She will be fine either way. Thank you for the reply.