Did I overstay? Could this be a problem in the future?

[eckoin 211]

I had just remembered that this played out, and would like your opinions. 

 

In August 2015, I received a TN status. In October 2015, I quit the job. A week or so later, I submitted a COS application to switch from TN to tourist status. I didn't leave the US, and went on road trips. 

 

A month later, I left the US. A few days later, I was granted a new TN status at CBP for a new job. CBP was aware that I had a COS application and granted the TN without too much hassle. I received a letter from USCIS that my COS application was abandoned via leaving the US. 

 

On my AOS by marriage forms, I said that I have never been out of status. But was I out of status? It took about a week between losing my TN job and applying for COS. And COS was denied via abandonment. There was, at least at the time, no hard directive on when to leave the country after losing your job on TN status, and I know that CBP usually uses discretion when determining if you took too long, though officially I believe you were expected to depart the country immediately. As in, same day, technically. 

 

Could this come to bite me in the future? Did I lie to USCIS when I said I haven't overstayed? 

[Boiler 45,516]

I believe a TN has no grace period so sounds like you did.

[eckoin 211]

Just now, Boiler said:

I believe a TN has no grace period so sounds like you did.

So... What to do now? I have a conditional GC. None of this came up during the interview, and I honestly at the time didn't believe I overstayed and marked No. I definitely did not overstay my most recent TN status, it was a previous status to that. Does overstay for not-the-latest status in the US count? Should I... Notify USCIS? Now or later? 

[Boiler 45,516]

I would not do anything, you have your GC.

[eckoin 211]

1 minute ago, Boiler said:

I would not do anything, you have your GC.

It won't come back during naturalization? Presumably not during ROC, but I'm wondering about the N400. 

 

Or is it a "they had their chance to ask about it" kind of thing? 

[Boiler 45,516]

You would have submitted details of you prior US immigration history.

[eckoin 211]

5 minutes ago, Boiler said:

You would have submitted details of you prior US immigration history.

Do you mean for AOS or for naturalization? If the latter, you're saying that there's nothing to do now, but they may have some "questions" when I submit the N400? 

[Boiler 45,516]

To get your Greencard.

[eckoin 211]

Just now, Boiler said:

To get your Greencard.

I only submitted the I-94 for my last TN, from Nov 2015. I also submitted all of my passport pages, one of which had the previous TN stamp from Aug 2015. I explicitly stated No to overstaying on I-485, and did not mention that I had during my interview. I applied for AOS while my last TN was in status. 

 

Obviously USCIS knows I submitted a COS application before, but I don't know if our IO knew that. Since I submitted it not on the same day as I quit my job (and therefore lost status), I don't know if USCIS knew that. CBP did when approving my subsequent status. 

 

So while I didn't hide the fact that I had previous US statuses, I sure did tell them I've never overstayed. Is it still fine going forward? 

[geowrian 22,337]

Not material, and doesn't even appear to have been willful. I wouldn't worry about it.

[eckoin 211]

11 minutes ago, geowrian said:

Not material, and doesn't even appear to have been willful. I wouldn't worry about it.

Yeah I didn't think it was a big deal then (and I knew that my tourist COS would be denied had I stayed long enough; while I was certainly touristing, I didn't have enough of a case to actually adjust to tourist status). Just started to get worried about the whole lying thing, in hindsight I probably should've answered yes and let USCIS handle it. Thanks @geowrian!