I might have used wrong wordings on I-485, worried

[Koni10 22]

Hello all, 

 

I have submitted AOS recently and my case is "ready to be scheduled for an interview" currently.

 

I just realized that I might have put wrong explanation on I-485 regarding my past entry. I need your advice on what to expect.

 

I have been on H1B for several years now. (AOS is marriage-based) My current employer renews my H1B every year. Few years ago, My H1B renewal was pending, while the previous one was expired. Because renewal was filed before the expiration, I was allowed to work for the same employer while the case was pending. 

 

However, I traveled outside of the US while the case was still pending and the previous one was expired. I shouldn't have. I did so only because the immigration attorney said I should be allowed to re-enter with pending H1B. I asked them many times if it was really okay, but they even told me not to believe what's on the internet. So I did travel, just to see my family. It turned out that the attorney was wrong, and I was stopped at CBP. I asked attorney to file premium processing, and I was instructed at CBP to wait until the approval. I was lucky that my POE was Vancouver Canada (from Japan), so I wasn't sent home or in a jail or anything. Then in about 10 days I received the approval and re-enter the US, but did not have the original I-797 in hand. The original I-797 was sent to the attorney. CBP granted my re-entry without the paper form I-797.

 

To the question on I-485 "have you ever been denied entry" I checked "no" (because the paper CBP gave me said "application to enter was withdrawn" and not "denied"). On the memo page, however, I explained that "in year ### my application to enter the U.S. was withdrawn, but not denied, because I didn't have the original I-797" And I also said something like "I was instructed to wait until the arrival of I-797, and after obtaining the document in mail, I was admitted after being inspected at CBP"

 

This may be a very small thing. But what really happened was that I didn't have the approval, and I had to wait until my case was approved. The paper was sent to the attorney. However, I wrote something that sounds like all I was missing was the actual paper, like I forgot to bring it with me, and I got the paper, then re-entered with that paper. 

 

Do you see the discrepancy between what actually happened and what I wrote on I-485? I am so worried that they will think I lied on the paper. Does anybody have any comment on this matter? Do you think USCIS will think that I lied, because they should have the written record of the conversation between me and the officer at CBP when it happened? (CBP offer tool a formal record of the conversation, I also have copy of it.) And if, during the interview, they ask me what happened, I will present what really happened, which sounds different than what I wrote on I-485? 

 

Thank you so much in advance. This may be a small thing, but once I realized it, I am freaking out:( 

[mushroomspore 3,044]

If the paper you were given by CBP does not say "DENIED", then you weren't denied. There is a difference between that and "application withdrawn". Besides, you can also bring this up at the AoS interview and let the IO know that this is what happened and they can tell you if you are a "Yes" or a "No" for that question. I think you're a "No". Just my 2 cents.

[Koni10 22]

13 minutes ago, mushroomspore said:

If the paper you were given by CBP does not say "DENIED", then you weren't denied. There is a difference between that and "application withdrawn". Besides, you can also bring this up at the AoS interview and let the IO know that this is what happened and they can tell you if you are a "Yes" or a "No" for that question. I think you're a "No". Just my 2 cents.

Thanks for the reply. I will double-check the document I received from CBP, but I am almost certain that I wasn't "denied". So I didn't check yes on the question, and I am fairy confident in my choice. 

 

I am concerned about the additional "explanation" I wrote on the last page. I wrote the note just to disclose everything. "I haven't been denied, but have been stopped, and the reason was..." you know.

 

The reason why my entry was withdrawn was because I didn't have the approval. But I wrote that I didn't have the paper and I had to wait for it. I made it sound like I had the approval but simply forgot the paper, which isn't the case. 

 

I know It get's confusing what I am talking about...