Expired I94 with I485 Receipt

[sand500]

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.

[fromnaija]

I guessed you meant I-130, and not I-140

We filed the I140-I485 concurrently.


Yes, she is legally allowed to stay until her I-485 is adjudicated.

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


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


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?

None that I am aware of.

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

[austriacus]

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).

[Triple Citizen]

Can you give us the date your mothered entered the US and the day the I-485 was filed?

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