Can My Mother Cancel Her Flight and Stay in the U.S. While Her Adjustment of Status Application Is Pending?

Attorney Answer

Generally, once an adjustment of status application is properly filed and still pending, your mother is not required to leave the U.S. by the date her visit was originally supposed to end, and staying to complete the process, including attending the scheduled appointment, is exactly what the process expects. The bigger risk is not staying, it's leaving the country the wrong way while the case is open.

Adjustment of status, filed on Form I-485, is the process for becoming a lawful permanent resident from inside the United States under INA § 245. While that application is properly filed and pending, USCIS generally does not require her to depart on the timeline her original visit contemplated, and she is not accruing unlawful presence during that period in most situations. The appointment USCIS scheduled is likely for biometrics, fingerprints and a photo, or possibly the adjustment interview itself; either way, she should keep that appointment, since missing it without rescheduling in advance can delay or jeopardize the case.

The part to be careful about is international travel, not staying in the U.S. If she leaves the United States while her I-485 is pending without first obtaining an approved Advance Parole travel document, filed on Form I-131, USCIS generally treats that departure as abandoning the adjustment of status application, with very limited exceptions that likely do not apply to someone who entered on a visitor visa. So the safe move is for her to cancel or simply not use her return flight and remain in the U.S., rather than travel and come back later without Advance Parole in hand.

One more thing worth raising with an attorney: entering the U.S. on a visitor visa and then adjusting status can sometimes draw extra scrutiny about whether there was an intent to immigrate at the time she entered, so it's worth having an immigration attorney review the timeline of her visit and filing together.

What to do next

1. Keep a copy of the USCIS receipt notice with her at all times as proof of her pending application. 2. Attend the scheduled appointment; do not travel internationally in the meantime. 3. Do not book or use any return flight until an immigration attorney confirms it is safe to travel, and if travel becomes necessary, apply for Advance Parole first. 4. Consult an immigration attorney now to review the receipt notice, the appointment type, and the timeline of her entry and filing.

This is general immigration information, not legal advice about your mother's specific case. An immigration attorney can confirm exactly what her receipt notice and appointment mean and guide her through the rest of the process safely.