One of the most common questions I hear from marriage-based green card applicants is: “Am I safe while my application is pending?” The answer isn't a simple yes or no —it’s more nuanced, and understanding the difference between unlawful presence and lawful status is key. Unlawful Presence vs. Lawful Status—What’s the Difference? ✅ You Are Not Accruing Unlawful Presence Once you file a properly submitted green card application ( Adjustment of Status ), you are generally pro