6 мая 2009 г. USCIS выпустил51-страничныйInteroffice Memorandum (полныйтекстсмотрите на: http://www.cyrusmehta.com/Related/New_meno_on_UNlawful_Presence2009.pdf), вкотором, вчастности, настранице 10, сказано:
«Example 2: An alien is admitted as a nonimmigrant, with a Form 1-94 that expires on January 1,2009. On October 5, 2008, he properly files an application for adjustment of status. He does not, however, file any application to extend his nonimmigrant stay, which expires on January 1, 2009. The adjustment of status application is still pending on January 2, 2009. On January 2, 2009, he becomes
subject to removal as a deportable alien under section 237(a)(1)(C) of the Act because he has remained after the expiration of his nonimmigrant admission. For purposes of future inadmissibility, however, the pending adjustment application protects him from the accrual of unlawful presence.»