An individual who falls within the immediate relative class (spouse, parent, or child under the age of 21 and unmarried) of a U. S. citizen is still able to adjust status even if overstaying his or her present visa status. When a concurrent I-130/I-485 application is submitted for such an individual who does not have other inadmissible factors, that person falls within a state of grace in which he or she is not technically legal, but in which DHS will generally take no action against the individual until the case is completed. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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